Deputation In The Office Of vs Executive Director (Personnel)
2021 Latest Caselaw 4344 HP

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    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                ON THE 4th DAY OF SEPTEMBER, 2021




                                                            .

                                  BEFORE

           HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





     CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO.7597
                           OF 2019
    Between:-





    APOORAV KUMAR SAHA
    SON OF SH. LAXMI NARAYAN SAHA,
    RESIDENT OF VILLAGE AND P.O.
    DUMAR, P.S. PALKA,
    DISTRICT KATIHAR, BIHAR

    PRESENTLY WORKING AS HELPER ON

    DEPUTATION IN THE OFFICE OF
    SATLUJ JAL VIDYUT NIGAM LTD.,
    DIVYA KUNJ BUILDING, PHASE-III,
    OPPOSITE BLOCK NO.9, NEW SHIMLA-
    171009 (H.P.)


                                                               ....PETITIONER
    (BY MS.SEEMA AZAD, ADVOCATE
    VICE MR. VASU SOOD, ADVOCATE)






    AND


    H.P.S.E.B.  LTD.,  THROUGH     ITS





    EXECUTIVE DIRECTOR (PERSONNEL).
    H.P. STATE ELECTRICITY BOARD LTD.,
    VIDYUT BHAWAN, SHIMLA-171004


                                                            ....RESPONDENT
    (BY   SH.ANIL      KUMAR       GOD,
    ADVOCATE)

    Whether approved for reporting?


                This petition coming on for hearing this day, the

    Court passed the following:




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                            JUDGMENT

Present petition has been filed seeking direction to

the respondent to correct Date of Birth of the petitioner in the

.

service record as 20.07.1967 instead of 20.07.1961 as indicated

in the Certificate (Annexure A-1) issued by the Registrar Births

and Deaths, Gram Panchayat Doomar, Block Sameli, District

Katihar, Bihar.

2. Petitioner has set up his claim for correction of Date

of Birth from 20.07.1961 to 20.07.1967 on the basis of Certificate

Annexure A-1. To substantiate his claim, petitioner has placed on

record School Transfer Certificate (Annexure A-2) issued on

05.03.1986 by Principal Basmati, Harimandal High School,

Pothiya, Katihar, countersigned by District Education Officer,

Katihar. At Serial No.4 of this Certificate, date of admission of

petitioner to that school, has been indicated as 31.01.1972 and

at Serial No. 6 as per Admission Register, Date of Birth of

petitioner has been indicated as 20.07.1961 and at Serial No.7

date of school leaving has been mentioned as 31.12.1973 and at

Serial No.8 the class of the petitioner has been mentioned as 9th

Old (8th New)

3. From Certificate (Annexure A-2), it is evident that

during the year 1972-1973 petitioner was studying in 9th (Old)/8th

(New) and, therefore, he had at least completed eight years of

his study in the school and in case his Date of Birth is taken as

20.07.1967 then, his age in the year 1972 would be 5 years, and

it is impossible in normal course that a child at the age of 5 years

would be studying in 8th or 9th class. The Date of Birth indicated

in Annexure A-1 is not reconciling with School Transfer Certificate

(Annexure A-2) and possibility of Date of Birth of petitioner as

.

20.07.1967 is highly improbable, for entries in Certificate

Annexure A-2 referred supra. Therefore, claim of the petitioner

has been demolished on the basis of documents filed with the

petition itself.

4. In view of above, I find no merit in the present

petition. As such, same is dismissed, so also pending

application(s), if any.

                        r                  (Vivek Singh Thakur),
                                                  Judge.

    September 4, 2021
         (Purohit)