Tribune News Service
Chandigarh, October 22
The Punjab and Haryana High Court has made it clear that date of birth’s correction in the matriculation certificate would not give an employee the right to seek the alteration of date given at the time of joining the service.
The ruling by Justice Ranjit Singh came on a petition filed by judicial officer Harnam Singh against the High Court and others.
Harnam Singh had sought directions for correcting the date of birth in his service record from August 19, 1959, to August 19, 1960. He had cited rural background and parents’ illiteracy for the “bonafide” mistake. The petitioner had contended that the Himachal Pradesh Board of School was directed to correct his date of birth in the matriculation after he filed a civil suit. On the basis of the decree, the petitioner applied to the high court for correcting his date of birth in the service record. But, his representation was rejected in September 1997.
Taking up the matter, Justice Ranjit Singh asserted: “There is not only delay on the part of the petitioner to seek correction of his date of birth, but there is again a delay on his part to file the present writ petition, even after obtaining a decree from the civil court.”
“This delay has remained unexplained. In number of decisions, this court has declined to entertain the writ petition on the ground that the approach made is a delayed one…. In view of the above, I am of the considered opinion that the present writ petition filed by the petitioner is not maintainable on the ground of delay as well as on the ground that mandamus to seek correction of date of birth in the service record would not lie.”
“Merely because the date of birth of the petitioner has been corrected in the matriculation certificate, would not give him right to seek correction of his date of birth, which he has given at the time of joining the service but now seeks to challenge after lapse of considerable period. The writ petition is accordingly dismissed”
Category: CAT Judgements