R.H. Zaidi and R.P. Nigam, JJ. - (1.) By means of this writ petition the petitioner challenges the validity of the impugned order dated 23.4.1999 where by a claim petition filed by the respondent No.1 has been allowed by the State Public Service Tribunal.
(2.) It appears that in the High School Certificate issued by the Board to the respondent No.1, his date of birth was not correctly recorded. In the meanwhile the respondent No.1 was appointed on the post of Computer in the agriculture department. At the time of his appointment, the date of birth of respondent No.1 in the service record was recorded as 5.1.1941 on the basis of High School Certificate. As soon as the mistake in the High School Certificate was detected the respondent No.1 applied for correction of the date of birth before the U.P. Board of High School and Intermediate Education. After following the prescribed procedure the High School Certificate of the respondent No.1 was corrected and the date of birth of respondent No.1 was recorded as 5.1.1944. After obtaining the corrected certificate from the Board, respondent No.1 had applied for correction of the date of birth in his service record. Since his request was not acceded to by the competent authority, he had to approach the State Public Services Tribunal for a direction to the respondent in the claim petition to correct the date of birth in the service record. The claim petition filed by the respondent No.1 was objected and opposed, however the same was ultimately allowed by the impugned order dated 23.4.1999. Hence the present petition.
(3.) Learned counsel for petitioner vehemently urged that the Tribunal had no jurisdiction to issue direction to the petitioner to correct the date of birth in the service record, therefore, the order passed by the Tribunal is liable to be quashed. He also relied upon the decision in the case of Union of India and others v. Mr. Saroj Bala, 1996 Labour Industrial Cases, SC page 913 . On the other hand the learned counsel appearing for respondent No.1 submitted that the service record had to be corrected in view of the provisions of Rule 2 of the Date of Birth Rules, on the basis of the corrected High School Certificate.;