- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) IT appears from the impugned order dated 3-2-2007 that the petitioner moved the authority concerned vide letters dated 23-1-2007 and 27-1-2007 disputing his date of birth as 25-8-1951 in place of 8-4-1947. The impugned order dated 3-2-2007 has been passed in reply to the aforesaid letters in which it has been averred that after perusal of the personal file and the records of the petitioner his contention in the aforesaid two letters dated 23-1-2007 and 27-1-2007 is not correct. According to the service record the date of birth of the petitioner is 8-4-1947. IT has further been averred in the aforesaid order dated 3-2-2007 that the petitioner has joined his services on 5-5-1977 and he submitted a declaration form on 25-7-1978 in which he has declared his date of birth as 8-4-1947 on the basis of Birth and Death Register maintained by the Gram Panchayat, Khelar. It also appears from perusal of the impugned order dated 3-2-2007 that the date of birth of the petitioner has been recorded on the basis of Birth and Death Register maintained by the Gram Panchayat, Khelar and it was found that the date of birth of the petitioner as 8-4-1947 was correct and even in the attestation form submitted by the petitioner in 1979 his date of birth has been recorded as 8-4-1947 which has also been verified by the Estate Officer, BHEL, Jhansi. In the pension form dated 6-2- 1981 also the petitioner has given his date of birth as 8-4-1947. The contention of the Counsel for the petitioner is that in Annexure-3 to the writ petition, which is a Identity Card issued by the BHEL, Jhansi and the Gate pass appended as Annexure-4 to the writ petition the date of birth of the petitioner is recorded as 25-8-1951 as such he is entitled to continue in service up to 25-8-2011.
(3.) THIS Court has held in a catena of decisions that Identify Cards and Gate pass are the documents, which are issued to the employee for the purpose of identification of an employee that he is an employee of the Corporation or a Factory or for the purpose of egress and ingress in the factory premises or whether he is authorized to work in the Corporation or in the Factory. It is not a document for establishing the date of birth of the petitioner, hence if any incorrect date of birth is printed on the Gate pass or on the Identify Card it would not create any legal right in favour of the petitioner, once in the service records or in the service book the date of birth of the petitioner is recorded as 8-4-1947. The further contention of the Counsel for the petitioner is that the Corporation has sent good wishes letters on 25-8-1991, 25-8-1995, 8-4-2001 and 8-4-2002 to the petitioner on his birthday on 25th August every year. Neither identify card, nor good wishes letters nor even gate pass are irrcorrigble documents, regarding proof of date of birth of the petitioner.;