- (1.) This writ petition has been filed assailing the judgment and order dated 14th February, 2013 by the West Bengal Administrative Tribunal in O.A. No. 604 of 2012 whereby the learned Tribunal refused to issue any direction to the State Government for correction of the date of birth of the petitioner. Going through the records, we find that the date of birth of the petitioner was recorded in the service book as 26th September, 1952. It has been submitted on behalf of the petitioner that after the death of his father on 24th June, 2002 there was a long lasting family dispute which came to an end during the Puja Vacation in the year 2005. Thereafter, according to the said petitioner, while going through the documents left by his father he suddenly found the original birth certificate issued by the Secunderabad Cantonment Authority, Secunderabad, Andhra Pradesh wherefrom the said petitioner came to know that out of the wedlock of his parents, a male child was born on 9th October, 1953 and also found one affidavit affirmed by his deceased father which revealed that actual date of birth of the petitioner is 9th October, 1953 and not the 26th September, 1952. The copies of the aforesaid certificate and the affidavit sworn before the Notary Public by the deceased father have been annexed with the present writ petition.
(2.) It has been submitted on behalf of the petitioner that after discovery of the aforesaid original birth certificate, petitioner herein enquired from his mother about his actual date of birth and in reply to the said query mother of the petitioner disclosed that the actual date of birth of the petitioner is 9th October, 1953. The elder brother of the said petitioner also corroborated the aforesaid fact about his date of birth. The father of the petitioner was posted as Habildar in the Indian Army at Secunderabad, Andhra Pradesh and the mother of the petitioner was also staying at the relevant point of time at the official quarter of his deceased father at Secunderabad along with the elder brother of the said petitioner.
(3.) After discovery of the aforesaid original birth certificate and the affidavit affirmed by the deceased father before the Notary Public, petitioner herein came to learn that he was actually born on 9th October, 1953 and not on 26th September, 1952 which was erroneously recorded in the service records.;