BRIJ LAL SAROJ v. STATE OF U.P. THRU. ADDL. CHIEF SECY. ANIMAL HUSBANDRY andORS.
WRIA/17566/2021 · 2025-03-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140894 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140894 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15597 Court No. - 18 Case :- WRIT - A No. - 17566 of 2021 Petitioner :- Brij Lal Saroj Respondent :- State Of U.P. Thru. Addl. Chief Secy. Animal Husbandry Andors. Counsel for Petitioner :- Manoj Kumar Gupta,Anurag Bajpai,Chandra Kishore,Pallavi Dixit Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. Present writ petition has been filed seeking a writ of certiorari quashing order dated 15.1.2021, passed by Chief Veterinary Officer, Pratapgarh with a further writ of mandamus directing the said respondent to correct date of birth of the petitioner entered in his service book as per his mark sheet and certificate of High School examination.
Brief facts of the case are that initially the petitioner was appointed on the post of Peon vide appointment letter dated 21.1.1988 and he joined his services on 1.2.1988. He worked regularly since his date of joining on the said post. After joining services, the petitioner submitted his educational certificate, such as High School mark sheet etc for the purpose of preparation of service book. According to the High School certificate, his date of birth is 4.8.1969, however, in the service book, his date of birth has been wrongly recorded as 27.1.1969. This entry in the service book was not in the knowledge of the petitioner and he could know recording of incorrect date of birth only on 21.5.2018 when he was asked to put
his signature on some paper by the concerned Clerk. On coming to know of recording incorrect date of birth in his service book, the petitioner made a representation dated 2.6.2018 along with the necessary certificate of High School Examination, followed by other representations. However, the representation of the petitioner came to be rejected by the impugned order dated 15.1.1021 (supra) in the light of Article 127A of Financial Handbook Vol.V Part 1.
Learned counsel for the petitioner has submitted that the petitioner is not at fault for not recording correct date of birth in the service book. He has submitted his High School mark sheet and certificate when he came to know of entry of incorrect date of birth in the service book in the year 2018. On the other hand, learned Standing Counsel submits that the date of birth of the petitioner was determined initially on the basis of fitness certificate submitted by the petitioner. It is submitted that after completing 30 years of service, the petitioner has represented for correction of his date of birth in the service book which cannot be entertained. In this context, he has relied on U.P. Recruitment to Services Determination of Date of Birth Rules, 1974 (Effective from 28th May, 1974) and submitted that the date of birth or age as recorded in the service book of a government employee at the time of his joining shall be deemed to be his correct date of birth or age for all purposes in relation to his service and no application shall be entertained for correction of such date of birth or
age in any circumstances whatsoever. I have considered the submission and perused the record. A perusal of the record reveals that the petitioner was initially appointed on 21.1.1988. At the time of joining, his date of birth has been recorded in the service book as 27.1.1969. He passed his High School Examination in the year 1986, i.e. much after his entry into service. It is not disputed between the parties that the petitioner came to know regarding incorrect entry of his date of birth in the service book only on
21.5.2018. After almost 30 years of his service, i.e. at the fag end of his service he has raised objection for incorrect entry of date of birth in the service book. In this regard, law has been settled by Supreme Court in The General Manager South Coal Field versus Avinash Kumar Tiwari 2023 LiveLaw (SC) 124. A Coordinate Bench of this Court at Allahabad while dealing with identical issue in Smt. Kavita Kureel versus State Writ A No.9226 of 2023 held that at the fag end of service, change of date of birth is not permissible to a government employee.
On due consideration to the U.P. Recruitment to Services Determination of Date of Birth Rules, 1974 which inter alia provides that the date of birth entered in the service book at the time of his entry into the government service shall be final for all service benefits and no application shall be entertained for correction of said date of birth in any circumstance whatsoever and the judgments referred to above, this court is of the opinion that the issue of date of birth for the purposes of
service benefits has to be finalised at the time of entry into the government service and no application for change of date of birth recorded in the service record can be entertained, more so when the petitioner without raising any objection has continued 30 years in service and at this stage, he cannot be permitted to raise any objection at the fag end of his service for making correction of his date of birth in the service book. The petition lacks merit and is accordingly dismissed.
Order Date :- 17.3.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench