IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No.10716 of 2008 Date of decision : May 5, 2011 P.C. Sharma …Petitioner. Versus State of H.P. and another …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Ms Ranjana Parmar, Advocate. For the Respondents : Mr. Ramesh Thakur, Assistant Advocate General. Surjit Singh, Judge(Oral) Petitioner was appointed as Junior Engineer in the Irrigation and Public Health Department of Himachal Pradesh, on 31st December, 1985. His date of birth was entered as 28th May, 1957 in the service record, on the basis of Matriculation Examination certificate. Case of the petitioner is that in fact the year of his birth is 1958 and that this fact came to his knowledge only in the year 1995, when his father, who was serving in the Army, died and the Army Authorities sought clarifications about the legal heirs of his father, that his year of birth was 1958 and not 1957. He was issued a certificate by the Army Authorities, in the year 1998 (copy of the certificate is Annexure A-2), per which his date of birth is 28th May, 1958. On getting this certificate, petitioner approached his Department, for getting his date Whether reporters of the local papers may be allowed to see the judgment? …2… of birth corrected, so as to show his year of birth as 1958, in place of 1957, as already written in the service record. That representation has been rejected by the respondents, on the ground that the petitioner ought to have applied for correction of his date of birth, within one year of his joining service. 2. I have heard learned counsel for the petitioner as also learned Assistant Advocate General. 3. Now, when according to the petitioner, he came to know about the alleged error about the year of his birth, on the death of his father and after getting certificate Ex. A- 2 from the Army Authorities, how could he have applied for correction of his date of birth, within one year of joining of service. 4. As a matter of fact, an employee can approach the appointing authority, for correction of date of birth, within five years of his joining the service, per Note-6, below Rule 56 of the Fundamental Rules. In this case, the period is to be counted not from the date of entry in Government service, but from the date of knowledge that the year of birth is not correctly recorded. 5. In view of the abovestated position, present writ petition is disposed of, with a direction to the respondents to consider the request of the petitioner, on merits and to dispose of his request, by a speaking order, within six months from the date of receipt of a copy of this judgment. …3… 6. While deciding the request of the petitioner, the respondents may make a fact finding enquiry and require the petitioner to produce primary evidence, i.e. the entry in the record of births and deaths maintained by the Army, in support of his claim. Writ petition stands disposed of. May 5, 2011(sd) ( Surjit Singh ), J