D.K.Seth, J. - (1.) By means of present Writ Petition, the petitioner has sought to correct the date of birth recorded in his service book as on 4-7-1937 instead of 1-7-1934 as recorded in his service book, on the basis of High School certificate, which is Annexure-1 to the Writ Petition.
(2.) In the Writ Petition, the petitioner has described himself as son of Jai Murti Singh. On the basis of this High School Certificate (Annexure-1), the petitioner had obtained an interim order to the extent that until ordered otherwise of the date on which the petitioner attains the age of superannuation, to be computed on the basis of date of birth given in the High School Certificate of the petitioner, whichever is earlier, the petitioner shall not be retired and shall be entitled to all the benefits of employment.
(3.) Mr. Ajay Bhanot, learned Brief Holder for the State relying on the statements made in Paragraphs 5 & 15 of the counter-affidavit, contends that the petitioner having applied for correction in the date of birth at the fag end of his service career on the basis of the certificate which he had never produced till the eve of his retirement, cannot claim any right on the basis thereof, particularly when the date of birth as sought for by the petitioner, if accepted, then he would be less than 18 years of age on the date of his entry into service. Apart from the fact that the petitioner had himself endorsed on three volumes of the service book with his own signatures and entered the date of birth as on 1-7-1934 as well as while affirming affidavit in Writ Petition No. 2994 of 1981 stating that he was 47 years of age on 27th May, 1981, which calculates his date of birth to be in the year 1934. Therefore, the petitioner having obtained the interim order by misleading the Court, he should be brought to book.;