IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 5818 of 2008. Decided on: 12.11.2010. __________________________________________________ Shri Jia Lal … Petitioner. Versus H.P.S.E.B. and others. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Varun Chandel, Advocate vice Mr. Rajiv Jiwan, Advocate. For the respondents : Mr. Shashi Shirshoo, Advocate vice Ms. Anjula Khajuria, Advocate.. ___________________________________________________________ Justice V.K. Sharma, Judge. (Oral). The petition has been filed for grant of following substantive reliefs: “7 (1). That the respondents may kindly be directed to correct the date of birth of the applicant in the service record by substituting the date of birth as recorded i.e. 11.12.1948 by 5.12.1953. (2). That the order dated 8.9.1997 (Annexure A-4) may be ordered to be quashed and set aside.” 2. Respondents have averred as under, vide paras 6 (iv) and (v), of the reply:- “(iv) & (v). The contents of these paras are wrong, hence denied. The final seniority list of T. Mate as it stood on 1.1.83 was already circulated vide letter dated 13.9.83 by incorporating the date of birth of the applicant as 11.12.48 on the basis of entr5ies made in his service book which were duly consented by the 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. 2 applicant at the time of his initial appointment during 1972. Moreover, the educational qualification was shown as NIL in the final seniority list of T.Mate which was circulated during 9/83 and was noted by the applicant. He has never submitted the educational certificate at the time of his initial appointment. The applicant has submitted the school leaving certificate during 1994 only which was issued by the Head Master on 20.2.93 which cannot be considered at this belated stage as this school leaving certificate has no authenticity. The educational certificate should have been supplied by the applicant on his initial appointment. The Horoscope (Janam Patra) is not based on the records and is relevant and, therefore of no legal consequence. In this regard, it is also stated that at the time of entering into service that applicant has recorded himself as illiterate and no document of date of birth was produced. His age has been assessed by the Medical Officer in medical fitness certificate as well as on his own statement to be 23 at the time of initial appointment. This certificate has been issued on 5.1.72 which virtually shows that the applicant was born in the year 1948 and his D.O.B. which was mentioned in the medical certificate duly signed by himself was 11.12.48 and is correct Annexure RA-IV. It clearly shows that the applicant is trying to mislead so as to gain unfair advantage and is an after thought as he is insisting that he came to know about his date of birth in the year 1993 only when he noted his seniority list whereas in the year 1983 also he had noted seniority list where his D.O.B. was mentioned 11.12.48.” 3. In view of the above reply, in case the petitioner has any grievance surviving with regard to the factual and legal aspect 3 of the matter, it will be open to him to approach the respondents along with a copy of this judgment within one month from today, in which case the matter will be duly considered and finally decided by the respondents within another three months after giving an opportunity of being heard. 4. In view of the above observations, the writ petition is disposed of, so also the pending applications, if any. (V.K. Sharma) Judge. November 12, 2010. (cr)