IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1558/2010 Reserved on: 17.6.2010 Decided on: 1.7. 2010. Dharam Singh. ...Petitioner. Versus Himachal Pradesh State Electricity Board and others. ... Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Ms. Jyotsna Rewal Dua, Advocate. For the Respondents: Mr. Trilok Jamwal, Advocate for respondents No.1 and 2. Mr. R.K. Sharma, Sr. Addl. A.G. for respondent No.3. Per Justice Rajiv Sharma Material facts necessary for the adjudication of this petition are that petitioner was engaged as Beldar on daily wage basis on 21.11.1983. His case was considered by the screening committee for conferring upon him work charge status in the year 1997. Petitioner submitted certificate issued by the Pradhan, Gram Panchayat, Bhatgarh certifying his date of birth, i.e. 12.10.1950. Petitioner was conferred work charge status with effect from 1.10.1997. It appears from the records that petitioner preferred Whether the reporters of the local papers may be allowed to see the Judgment? No. 2 application for change of date of birth from 12.10.1950 to 7.10.1960 before the Executive Engineer, Electrical Division, H.P.S.E.B. alongwith affidavit sworn on 6.10.1996 and certificate issued by the Secretary, Gram Panchayat, Bhatgarh certifying his date of birth to be 12.10.1950. He was served with a notice on 29.10.1997 to explain the variance between two dates of birth, i.e. 12.10.1950 and 7.10.1960. The matter was also got inquired from the office of Sub Divisional Magistrate, Nahan and Tehsildar Sangrah. The Sub Divisional Magistrate has written a letter to the Tehsildar, Sangrah on 1.4.1998 to verify the exact date of birth of the petitioner. The Sub Divisional Magistrate informed the authority concerned after verification of the facts that the date of birth of the petitioner was 7.10.1960. Petitioner again made a representation for correction of date of birth. The concerned Superintending Engineer sent his case to Chief Engineer (OP South) on 29.1.2010. The same was rejected and the decision was conveyed to the petitioner on 22.2.2010. 2. Ms. Jyotsna Rewal Dua has strenuously argued that on the basis of the certificate issued by the Secretary, Gram Panchayat, Bhatgarh, Pariwar register, date of birth certificate and certificate Annexure P-6, case of the petitioner for altering the date of birth from 12.10.1950 to 7.10.1960 could not be rejected. 3. Mr. R.K. Sharma, learned Senior Additional Advocate General and Mr. Trilok Jamwal have strenuously argued that the date of birth is required to be changed strictly as per Himachal Pradesh Financial Rule 7.1. 4. We have heard the learned counsel for the parties and have perused the record carefully. 3 5. Petitioner at the first opportunity had got his date of birth registered in the service record as 12.10.1950 on the basis of the certificate issued by the Pradhan, Gram Panchayat, Bhatgarh. He was conferred with work charge status on 1.10.1997. He preferred an application on 9.10.1997 alongwith supporting documents, i.e. affidavit sworn on 6.10.1997 and certificate issued by the Secretary, Gram Panchayat, Bhatgarh certifying his date of birth to be 7.10.1960. The matter was got inquired from the agency of Sub Divisional Magistrate, Nahan and Tehsildar, Sangrah. The Sub Divisional Magistrate, Nahan on the basis of the report furnished by the Tehsildar, Sangrah informed the competent authority that the date of birth of the petitioner was 12.10.1950. Petitioner has placed reliance upon Annexure P-5, i.e. Pariwar register. In this document, petitioner’s date of birth is recorded as 7.10.1960. As per birth certificate placed at page 21 of the paper book, the date of birth of the petitioner has been recorded as 7.10.1960. Petitioner has also put strong reliance upon Annexure P-6, i.e. certificate issued by the Department of Primary Education. The date of birth in Annexure P-6 has been recorded as 7.10.1960. Respondents have not looked into these documents while considering the case of the petitioner for change in date of birth. 6. Accordingly, in view of the observations made hereinabove, the petition is allowed. Annexure P-7 dated 22.2.2010 is quashed and set aside. Respondents are directed to relook into the matter and take a fresh decision on the date of birth of the petitioner. Respondents while taking decision shall take into consideration the law laid down by the Hon’ble Supreme Court in 4 Mohd. Yunus Khan versus U.P. Power Corporation Limited and others, (2009) 1 SCC 80 and State of Bihar and others versus Pandey Jagdishwar Prasad, (2009) 3 SCC 117. In case the respondents are satisfied with the veracity/authenticity of the certificates i.e. Annexures P-5 and P-6, petitioner’s date of birth shall be changed accordingly from 12.10.1950 to 7.10.1960. Needful be done within a period of eight weeks from the date of production of certified copy of this judgment by the petitioner. There shall, however, be no order as to costs. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma) Judge. 1.7. 2010. *awasthi*