Court No. - 38 Case :- WRIT - A No. - 42134 of 2010 Petitioner :- Dharam Pal Singh Respondent :- Union Of India And Others Petitioner Counsel :- S. K. Dubey Respondent Counsel :- A. S. G. I.,Pankaj Kumar Shukla Hon'ble Shishir Kumar,J.
The discharge certificate of the Army Authority, in which the date
of birth of the petitioner has been mentioned, is being kept on
record.
Heard learned counsel for the petitioner, Sri Syed Irfan Ali,
learned counsel appearing for the respondent No. 1, Sri S.D.
Singh, learned counsel for the other respondents and learned
Standing Counsel.
The dispute raised by the petitioner in the present writ petition is
that after discharge from the Army, the petitioner has joined the
service of the respondents. The date of birth according to the
certificate issued by the Army Authority was entered in the service
record of the petitioner. It appears that the petitioner has passed the
high school in 1978 and he has given his date of birth as
10.07.1953. On the basis of the records submitted by the petitioner
at the time of enterance in service, the date of birth was recorded
as 15.07.1950. A notice was given to the petitoner to retire on
31.07.2010. Now the petitioner raised the dispute on the basis of
certificate of high school that his date of birth is 1953 and he will
be retired in 2013.
Sri S.D. Singh, learned counsel appearing for the respondents has
produced the records, which was issued by the Army authorities,
mentioning therein that date of birth which was recorded in the
service book of the Army authority clearly shows the date of birth
as 15.07.1950. This document was given by the petitioner at the
time of entering in service and thereafter on that basis an entry to
that effect was made in the service record and this fact was in the
knowledge of the petitioner. Further submission has been made
that if the contention of the petitioner is accepted to be true
treating the date of birth as 1953, then he was not eligible to join
the Army service at the age of 15 years as admittedly on that date
he was minor.
I have considered the submission and perused the record produced
by Sri S.D. Singh, which clearly shows that the petitioner’s date of
birth is 15.07.1950 and at that time the age of engagement was 18
years. If he has passed high school examination and subsequent to
that he has mentioned another date of birth, that cannot be taken
into consideration by the respondents or any authority.
It is settled law that the date of birth recorded in the service record
at the time of enterance in service or as mentioned in the high
school certificate are taken into consideration as final. If at the
time of enterance in service an employee concerned has passed the
high school examination, the same will be final, otherwise the date
of birth recorded in service record at the time of enterance will
always prevails and it can not be changed. It is also to be noted
that petitioner was fully aware regarding aforesaid fact, but he has
not raised dispute at any point of time and he raised the dispute
when a notice of retirement was given to him. In my opinion, it is
not a fit case while exercising power under Article 226 of the
Constitution of India.
The writ petition is dismissed accordingly.
No order as to costs.
Order Date :- 23.7.2010
Sazia