RATANBHAI KUBERBHAI PAGI Vs. DIRECTOR OF AGRICULTURE DEPTT

JUDGEMENT

(1.) RULE. Shri Shivang Shukla, learned AGP waives service of notice of rule on behalf of the respondent. With the consent of the learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and / or order directing the respondent to make necessary correction in service record of the petitioner with regard to the date of birth and correct the same as 21. 9. 1955 in place of 10. 11. 1952 by quashing and setting aside the communication dated 29. 3. 2008 (Annexure O) rejecting the application of the petitioner.

(3.) IT is the case on behalf of the petitioner that petitioner joined the services with the respondent on 15. 5. 1976 and at the relevant time by mistake and / or through over sight in the service record the date of birth of the petitioner was mentioned as 21. 9. 1995. Immediately, thereafter within a period of 5 years, more particularly, 8. 7. 1980 petitioner submitted application to the concerned authority for correction of date of birth as 21. 9. 1955 as per the certificate issued by the Competent Authority under the Births and Deaths Registration Act. That, thereafter in the year 1984 petitioner was directed to produce the order from the learned Magistrate and also get the same and again twice submitted applications with necessary documentary evidence and however, the same came to be rejected by the respondent authority on 29. 3. 2008 solely on the ground of delay. Hence, petitioner has preferred the present petition under Article 226 of the Constitution of India.