BABUBHAI N PARMAR Vs. PRINCIPAL VANRAJKUMAR SHALA

JUDGEMENT

(1.) THE petitioner by way of this petition has prayed to direct the respondents not to make the petitioner retired from service before September, 1996.

(2.) THE short facts of the case are :-2. 1. The petitioner was appointed as Primary Teacher in respondent no. 1-School in the month of July, 1974 and since then he is working in the said school. It is the case of the petitioner that though his correct date of birth, as mentioned in the birth certificate is 11. 09. 1938, the respondent-school has entered in the school register as 20. 03. 1937. It is case of the petitioner that the petitioner has made several representations to change the date of birth, but the same has not been done. On account of the said error, the petitioner has to retire one year earlier. Hence, this petition.

(3.) HEARD learned counsel for the parties. As per the say of the petitioner, his correct date of birth is 11. 09. 1938, but inadvertently, it has been recorded as 20. 03. 1937 in the school register and the said mistake has been carried in his service records. The petitioner had requested the respondent-authorities to rectify the said error after a period of 25 years. 3. 1. Considering the facts of the case, it would be relevant to refer to the decision of the Apex Court in the case of State of U. P. and Anr. v. Shiv Narain Upadhyaya, reported in (2005) 6 SCC pg. 49, wherein the Apex Court has held that the date of birth, as recorded in the service book is decisive and correction thereof, can be sought only in accordance with the procedure prescribed and within the time fixed under the rules or order or within reasonable time. The challenge to the date of birth as recorded in the service book, made on the verge of retirement should not normally be entertained. Thus, keeping in mind the principle laid down in the aforesaid decision, I do not find any reason to interfere in this petition by exercising powers under Article 226 of the Constitution of India.