RAM UJAGAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS
WRIA/4997/2025 · 2025-05-06
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137580 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137580 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26490
Court No. - 18 Case :- WRIT - A No. - 4997 of 2025 Petitioner :- Ram Ujagar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others Counsel for Petitioner :- Sharvan Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State. By means of present petition, the petitioner has prayed for issuance of a writ of certiorari quashing impugned order dated 11.4.2025, Annexure No.1 with all consequential service benefits. A further writ of mandamus directing respondents to correct date of birth in the service record as well as computer software on the basis of educational record produced by the petitioner and he be not disturbed from working on the post of General Duty U.P. Home Guard department at district Shrawasti.
Learned counsel for the petitioner submtis that the petitioner has passed Junior High School in the year 1981 and his date of birth is 1.8.1967. However, a wrong date of birth was shown in the service record as 1.10.1965. Learned Standing Counsel has opposed the contention. I have considered the submission and perused the record.
A perusal of order, Annexure No.1 dated 11.4.2025 shows that right from the date of appointment, in the service record, on several occasions, date of birth of the petitioner has been entered as 1.10.1965. Now, at the fag end of service, i.e. after completing 37 years of service as Homeguard, the petitioner cannot be allowed to alter his date of birth in the service record. From the record, it is evident that from the date of his appointment, date of birth of the petitioner is shown as 1.10.1995 in the service record on more than one occasions. Now, in 2024, a representation has been given by the petitioner seeking change in date of birth in the service record which is impermissible in view of the
judgment of Supreme Court in The General Manager, South Eastern Coal Field versus Avinash Kumar Tiwari 2023 LiveLaw (SC) 124. From the above and keeping in view the
judgment of Supreme Court, any request for alteration of date of birth cannot be entertained after a long delay and especially at the fag end of the career. There appears to be no illegality in the impugned
order The petition being devoid of merit is dismissed.
Order Date :- 6.5.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench