M.K. CHANDA Vs. STATE OF NAGALAND AND ORS.

JUDGEMENT

(1.) THE question of correction of date of birth has been engaging the attention of this Court once again in this writ petition, which has been well settled by the Apex Court in a catena of decision. By this writ petition, the Petitioner claimed that his date of birth has been erroneously entered and his service record as on 1st December, 1939 instead of 1st December, 1940. In this writ petition, the Petitioner is seeking a writ of mandamus for a direction to the Respondent to correct the date of birth of the Petitioner from 1.12.1939 to 1.12.1940.

(2.) THE facts leading to the filing of the present writ petition may be summarily recited. The Petitioner joined die service as Assistant teacher in the Education Department on 24.10.1961. Thereafter, he was appointed as Lower Division Assistant in the Office of Commissioner, Nagaland w.e.f. 16.7.62. It is stated that at the time of entering service the date of birth of the Petitioner was recorded as 1st December, 1940. It is also stated that the original service book was gutted in accidental fire in 1967 when the Civil Secretariat was gutted by fire. Thereafter, a new service book was opened in 1969. In the new Service book the date of birth was entered as on 1st December, 1939 because of inadvertence. This statement was denied by the respondent in their counter.

(3.) THE law on the point with regard to the correction of date of birth at belated stage and at the fag end of service of the Government servant has been well settled by a catena of decision, and they are no more res -integra. Avoiding multiplicity, I any cite few decisions of the Apex Court.