IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 5952 of 2008 Date of Decision: 27.3.2009. Avtar Singh --Petitioner Versus State of Punjab & others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. M.S. Kang, Advocate for the petitioner. Mr. Yatinder Sharma, DAG, Punjab. *** PERMOD KOHLI.J (ORAL) Reply has been filed. The petitioner entered the Govt. service as Assistant Design Engineer. As per the medical certificate his date of birth is recorded as 21.5.1951. At the time of his entry in Govt. service the same date of birth was carried to his service record. The State Govt. vide notification dated 21.6.1994 amended the Punjab Civil Services Rules Vol. I Part-I and made provision for making application/representation for change of date of birth within two years from the date of the notification. The petitioner made a representation dated 13.2.1996 for correction of his date of birth on the ground that his actual date of birth is 21.6.1954 and a certificate of date of birth from the Municipal area of Dhaliwal, Distt. Gurdaspur is relied upon. The respondent-State has rejected the claim of the petitioner vide letter dated 2.5.1996 on the ground that the notification relied upon by the petitioner stands withdrawn. The petitioner again represented and his case CWP. No. 5952 of 2008 -2- was re-considered and again rejected vide order dated 21.10.1997 (Annexure P-12). This order has been passed without recording any reason whatsoever. It appears that the petitioner filed another representation dated 19.12.1997. However, this representation has not been considered till date. In the reply filed by the respondent-State, reliance has been placed upon a judgement of this Court dated 29.1.2007 passed in CWP No. 1333 of 2007, whereby the petitioner in the said case was relegated to avail the remedy before Civil Court. This judgement was challenged before the Hon'ble Supreme Court. Though, in the reply it is stated that SLP is pending, however, Mr. Kang has produced copy of order dated 16.3.2009 whereby the SLP filed against the order dated 29.1.2007 in the aforementioned CWP has been decided. In the aforesaid case, Hon'ble Supreme Court while allowing the SLP has directed the Principal Secretary, Department of Irrigation, Punjab, Chandigarh to consider the representation filed by the appellant within a period of one month. It is admitted case of the parties that the respondents while rejecting the representation did not hold any enquiry whatsoever and simply rejected the representation on technical grounds. It is the duty of the State to consider the representation of the petitioner. In the present case, the State has refused to consider the representation of the petitioner for non-availability of rules. In view of the above, this petition is disposed of with a direction to the respondents to take decision on the representation of the petitioner regarding change of his date of birth by holding an enquiry in this regard. The Principal Secretary shall appoint an Enquiry Officer not below the rank of Executive Engineer. The petitioner shall be afforded adequate CWP. No. 5952 of 2008 -3- opportunity to associate himself with the enquiry and produce all relevant material in support of his representation. Let the enquiry be completed within a period of three months from the date certified copy of this order is served upon the competent authority and the decision be taken by the competent authority within a period of one month thereafter. Disposed of as such. (PERMOD KOHLI) JUDGE 27.3.2009 lucky