IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8683 of 2010 Date of decision: 18.6.2011. Goverdhan Dass … Petitioner. Versus State of HP & Ors. …Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1 No. _______________________________________________________________ For the petitioner: Mr. Neel Kamal Sood, Advocate. For respondents No.1 to 3: Mr. Vivek Singh Thakur, Addl. AG with Mr. Rajesh Mandhotra, Dy. AG. For remaining respondents None. Deepak Gupta, J .(Oral) 1. The petitioner by means of this petition has prayed that the respondents be directed to correct his date of birth from 2.5.1973 as recorded in the service record to 2.5.1977. 2. Admitted case of the petitioner is that he was engaged as daily waged peon with the respondent-department in October, 1997. At the time of engagement in service, he (petitioner) produced his matriculation certificate in which his date of birth was shown to be 2nd May,1973 and on this basis his date of birth was recorded as 2.5.1973 in the service record. The services of the petitioner were regularized in the respondent-department in May, 2009. Thereafter the petitioner directly filed this petition praying that his date of birth is ordered to be changed from 2.5.1973 to 2.5.1977 without even approaching the respondent-department for correction of 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. his date of birth. -2- 3. The entire case of the petitioner is based on Annexure P-5 which is a certificate issued by the Registrar, Births & Deaths in which his date of birth is shown as 2.5.1977. Interestingly, in this very certificate there is an endorsement that the certificate has been issued on the basis of an entry made in the pariwar register maintained by the Gram Panchayat. In the photocopy of the pariwar register, the entry is Annexure P4. Interestingly, this entry contains entry regarding the date of birth of a person born on 14.7.1999 which shows that this pariwar register has come into existence much later. No contemporaneous material was placed on record. 4. Even otherwise, when there is an entry in the matriculation certificate which entry was accepted by the petitioner for more than 10 years of his service when he was working on daily wage basis, no reliance can be placed on this pariwar register for purpose of change of date of birth in the service record. Therefore, I find no merit in the petition which is accordingly rejected. No costs. ( Deepak Gupta ) Judge. 18th June, 2011 (Krn Guleria)