- (1.) THE petitioner has sought a direction to the respondents that his date of birth should have been recorded either as 2. 1. 1944 or 2. 1. 1942 and he has wrongly been retired from service on the basis of his date of birth, which was taken as 1. 7. 1934.
(2.) IT is not the case of the petitioner that at the time of entry into the service as work charged employee any date of his birth was given by him. Subsequently, the respondents published a tentative seniority list indicating also the date of birth and invited objections and representations, in response to which the petitioner also represented and claimed for the first time that his date of birth should be rectified on the basis of his matriculation certificate which he passed out much later after he joined the service. Thereafter a final seniority list was published and in that seniority list, the petitioner's date of birth was recorded as 1. 7. 1934. It was a clear indication that his representation stood rejected. The petitioner did not challenge this action of the respondents and, at the fag end of his retirement in the year 1992, filed a writ petition challenging the date of his birth which was recorded as 1. 7. 1934. It has been consistently laid down that it is not open to an employee to challenge his date of birth at the fag end of his retirement. Besides this fact, it has been stated in the counter-affidavit that the petitioner appeared in the Matriculation a number of times and it has not even been disclosed by him as to what was the date of birth furnished by him during the time of his first attempt. Since the Matriculation certificate was obtained by the petitioner much after his entry into the service, the same cannot be treated as conclusive proof regarding his age, and the same will have to be reckoned what was recorded at the time of his entry into the service. If in the seniority list published in the year 1987, his date of birth was recorded as 1. 7. 1934, it will be inferred that the said entry had been made at the time when the petitioner joined the service. Therefore, his request for rectification in his date of birth cannot be acceded to.
(3.) ACCORDINGLY, the writ petition is rejected. Petition Rejected.;