IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 7109 of 2008 Date of Decision: Feb. 6,2009 Jagat Singh .......................... ............................... Petitioner Versus Union of India and others ................................ Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Birjender Singh, Advocate for the petitioner. Mr. A.S.Grewal, Advocate for Union of India. .... ASHUTOSH MOHUNTA, J. Challenge in this writ petition is to the order dated 22.11.2007 (Annexure P-14) passed by the Central Administrative Tribunal, Chandigarh Bench, vide which the original application filed by the petitioner for correction of his date of birth from 20.12.1946 to 20.12.1947 has been rejected. The petitioner joined service in the office of Executive Engineer, Central Ground Water Board Division-II, Ambala, as a Helper on 14.6.1966 and became a Cleaner in 1970. At the time of entering into service, the petitioner had mentioned his date of birth to be 20.12.1946. On 2.1.1971, the petitioner moved an application to the concerned authorities for rectification of his date of birth. It was averred that he has wrongly given his date of birth as 20.12.1946 whereas it should have been 20.12.1947. It is [ 2 ] C.W.P. No. 7109 of 2008 the case of the petitioner that no action was taken on his application and, hence, he approached the Tribunal for rectification of his date of birth. Before the Tribunal the petitioner had relied upon a School Leaving Certificate bearing Sr. No. 75301 showing therein his date of birth as 20.12.1947. On the basis of the aforementioned facts, the petitioner prayed for the change of his date of birth. Reply was filed on behalf of the respondents wherein it was averred that the petitioner had submitted an affidavit issued by the Taluka Magistrate, Ahmedabad, which indicates his date of birth as 20.12.1946. It was further averred that the School Leaving Certificate submitted by the petitioner was sent for rectification to the District Magistrate, Patiyal Court, District Tihri Garhwal, Uttranchal, and it has been certified by the authorities that the date of birth of the petitioner is 20.12.1946 and not 20.12.1947. We have heard the counsel for the petitioner at length. A perusal of the aforementioned facts clearly shows that the petitioner had mentioned his date of birth as 20.12.1946 when he joined the service of respondent No.2 as a Helper. The petitioner had also submitted a judicial affidavit issued by the Taluka Magistrate, Ahmedabad, which also indicates his date of birth to be 20.12.1946. Apart from the above, the School Leaving Certificate showing that the petitioner has passed 5th class was sent for verification to the District Magistrate, Patiyal Court, District Tihri Garhwal, Uttranchal, with copies to the Head Master, Primary School, Sondi Patti, Palkot, District Tehri Garhwal, and in response to the same the Head Master of the Primary School, where the petitioner is said to have [ 3 ] C.W.P. No. 7109 of 2008 studied, also confirms that the date of birth of the petitioner is 20.12.1946. The Head Master has referred to the Entry Register at Sr. No.190 and has sought pardon for mentioning the wrong date of birth of the applicant as 20.12.1947. From the aforementioned facts, it is absolutely clear that the date of birth of the petitioner was 20.12.1946 and not 20.12.1947. In State of Tamil Nadu v. T.V. Venugopalan JT 1994 (5) SC 337 the Apex Court has held that request made for change in the date of birth on the verge of retirement should not be entertained. In view of the above, we find no merit in the present writ petition and the same is dismissed. ( ASHUTOSH MOHUNTA ) JUDGE ( NIRMALJIT KAUR ) JUDGE 6.2.2009 rupi