Bombay High Court
Pandharinath Jagdevrao Yadav vs The State Of Maharashtra Through ... on 11 January, 2018
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13344 OF 2017
Pandharinath Jagdevrao Yadav
Age 51 years, Occ: Service,
Residing at Maniratna Complex,
C-03/19, Taware Colony,
Pune-411 009 .. Petitioner
Vs.
1 The State of Maharashtra through
The Secretary, Home Deptt.
Mantralaya, Mumbai -400032
2 The Principal Secretary,
General Administration Deptt.
Maharashtra State, Mantralaya,
Mumbai -400032
3 The Secretary,
Accounts and Treasury,
Mantralaya, Mumbai .. Respondents
....
Ms. Ranjana Todankar Advocate for Petitioner
Mr. O.M.Kulkarni AGP for Respondents
....
CORAM : SMT.V.K.TAHILRAMANI ACTING C.J.
AND M.S.KARNIK, J.
DATED : JANUARY 11, 2018
JUDGMENT [PER SMT. V.K.TAHIRAMANI, ACJ.]:
1 Heard the learned counsel for the petitioner, the
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learned AGP for the Respondents. Rule. By consent of the
parties, Rule is made returnable forthwith and the matter is
heard finally.
2 The petitioner has preferred this petition being
aggrieved by order dated 18.12.2012 passed by the
Maharashtra Administrative Tribunal (for short "the Tribunal")
in Original Application No. 478 of 2011 which was preferred by
the petitioner. In the said Original Application the petitioner
had prayed for change of his date of birth from 1.6.1962 to
4.1.1964. By the said order, the said Original Application
came to be dismissed.
3 The learned counsel for the petitioner submitted that
the petitioner had made an application for change in date of
birth on 4.6.1996 which was within a period of three years of
his joining service. It is pointed out that the same is also clear
from the office record. Learned counsel for the petitioner
further submitted that the name of the petitioner's father was
changed to "Yadav" instead of "Daund" and change of name
was gazetted in the Government Gazette on 3.5.1962. Heavy
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reliance was placed on the Birth Certificate mentioning date of
birth as 4.1.1964, which, according to Ms. Todankar, ought to
be taken into account for the purpose of correcting the date of
birth of the petitioner.
4 Per contra, the learned AGP submitted that as per the
Govt. Resolution dated 3.3.1998 the employee's own name
including father's name and surname should be correctly
mentioned in the Birth Certificate. He pointed out that the
petitioner's name is shown as Pandharinath Jagdevrao Yadav in
the application made by the petitioner as well as in the Service
Book as well as in the School Leaving Certificate. However,
the Birth Certificate shows the name as Pandharinath
Jagannath Babaji Daund. Learned AGP submitted that if the
petitioner's father had changed his name to Yadav which was
gazetted in the year 1962 as contended by the learned counsel
for the petitioner, then the petitioner's Birth Certificate which
was issued in the year 1964 also should have been in the name
of Yadav. He submitted that there is absolutely no explanation
as to why the petitioner's Birth Certificate shows the name of
the father of the petitioner as Jagannath Babaji Daund whereas
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petitioner's father's name, according to the petitioner, was
changed to Yadav in the year 1962 which was also, according
to him, gazetted in the year 1962. Learned AGP Shri. Kulkarni
submitted that the petitioner's name is shown as Pandhrinath
Jagdevrao Yadav in other documents whereas in the Birth
Certificate which was being relied upon for change in the date
of birth of the petitioner, the father's name is shown as
Jagannath Babaji Daund. He submitted that in the light of all
the above facts, the respondents by their letter dated 4.3.2011
had declined to correct the date of birth of the petitioner to
4.1.1964 instead of 1.6.1962.
5 It is clear from the record that the petitioner while
joining Government Service in the year 1993 had clearly
mentioned the date of birth as 1.6.1962. The date of birth
which is reflected in the School Leaving Certificate of the
petitioner, is 1.6.1962. In the School Leaving Certificate the
petitioner's name is shown as Pandhrinath Jagdevrao Yadav
whereas, now the petitioner is seeking to rely upon the Birth
Certificate showing the date of birth as 4.1.1964 in which his
name is shown as Pandhrinath Jagannath Babaji Daund. It is
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the categorical case of the petitioner that his father's name
was gazetted as Yadav in the year 1962. If that be so, it is
strange as to how the Birth Certificate dated 4.1.1964 shows
the father's name as Shri. Jagannath Babaji Daund, whereas,
instead of "Daund" it should have been "Yadav". The Birth
Certificate shows the name of father of the petitioner as
Jagannath Babaji Daund whereas, the petitioner's father's
name is Jagdevrao Yadav. The Tribunal has considered all
these aspects and observed that there are too many
discrepancies which are not properly explained, observing
thus, the Tribunal dismissed the Original Application.
6 In view of all the above facts, we are of the opinion
that no error can be found in the order of the Tribunal, hence,
we are not inclined to interfere, hence, Rule is discharged.
Petition is dismissed.
M.S.KARNIK, J. ACTING CHIEF JUSTICE
kandarkar
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