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Ram Dayal Meth v. State Of U.P. Thru' Secretary, U.P. And Others - WRIT - A No. 4858 of 2006 [2006] RD-AH 3246 (13 February 2006)


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Court No.7

Civil Misc. Writ No. 4858 of 2006

Ram Dayal Meth                    ...                     -Petitioner


State of U.P. and others                                - respondents                                                                  


Hon'ble Rakesh Tiwari, J

             Heard counsel for the parties and perused the record.

      The petitioner claims that he was appointed as Labourer Meth with the respondents-Food Corporation of India, Chandari, Kanpur Nagar. It is further claimed by the petitioner that the date of birth certificate submitted by him before the respondents has been lost by them in which his date of birth was shown as 21.2.1955 whereas the date of birth in the service record of the petitioner has wrongly been recorded as 31.1.1946. The petitioner gave an application for correction in the date of birth on 26.8.1993 in which the petitioner has mentioned his date of birth as 21.2.1955. He has also sent a letter dated 26.8.1997 to the respondents stating that his date of birth is 21.2.1955 and that he has also submitted a School Leaving Certificate to the respondents in which his date of birth has been given as 21.2.1955 but no action has been taken and the petitioner is going to retire prematurely.

From the perusal of the photocopy of the duplicate School Leaving Certificate it appears that the petitioner was the student of Prathmik Vidyalaya Darchhut, district Pratapgarh and had studied there up to 5th standard and left the School on 30.6.66. This certificate appears to have been issued by the Principal of Prathamik Vidyalaya Bengraura, Pratapgarh and has not been countersigned by the concerned Zila Basic Shiksha Adhikari. From the photocopy of the transfer certificate filed by the petitioner it is apparent that it is not irrcorrigible proof of documents.

The counsel for the respondents submits that the date of birth recorded in the service book is to be taken an authentic proof of date of birth and that if it has been wrongly recorded the petitioner ought to have moved an application for correction of date of birth within 5 years of his entry in service according to the U.P. Recruitment to Service (Determination of Date of Birth) Rules, 1974.

The counsel for the respondents further submits that the service book has been signed 11 years back as such it is wrong to say that he came to know about his date of birth at a very belated stage in 1993. Even if the case of the petitioner is accepted, admittedly he has filed the said School Leaving Certificate after obtaining it in the year 1996. He has lastly urged that after recording the date of birth of the petitioner the said certificate had been returned to him but there is no material on record filed by the petitioner from which it could be established that the original school-leaving certificate was ever submitted to the respondents. Since there is no proof that the petitioner had submitted the original transfer certificate to the respondents and has filed this writ petition at very belated stage i.e. in the year 2006 much after entry in service, no direction for correction or change of date of birth can be given. The transfer certificate is not an irrcorrigbile document and cannot be relied upon.

For the reasons stated above, the writ petition is dismissed. No order as to cost.

Dated 13.2.2006



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