M.Y.EQBAL, J. - (1.) HEARD the counsel for the parties.
(2.) IN this writ application the petitioner prayed for issuance of appropriate direction upon the respondent not to change or alter the date of birth of the petitioner which has been recorded in the service record merely on the ground of assessment of age of the petitioner by the Medical Board. The petitioner was appointed as Peon in the respondent Electricity Board in 1967. A service record was opened in which his date of birth was shown as 31.12.1950. Copy of the service record has been annexed as Annexure 1 to the writ application. It is contended that a permanent Account Number was allotted to the petitioner where his date of birth was shown as 31.12.1950. The school certificate also mention the same date of birth. However, in 1999 the respondent vide letter dated 24.8.1999 directed the petitioner to appear before the Medical Board for the purpose of assessing the age. Since the petitioner was in service, he could not disobey the direction and appeared before the Medical Board who assessed his age as 54 -55 years on 11.9.1999. On the basis of said assessment the respondent threatened to change his date of birth in the service record.
(3.) A very cryptic and vague counter affidavit has been filed by the Board wherein it is stated that there appear some manipulation and overwriting in the service record of the petitioner particularly the date of birth which was taken note by the committee of the Board and in such cases direction was issued for examination of the employees by Medical Board. Consequently the date of birth of the petitioner was assessed as 11.9.1944.;