Durga Ram vs State And Ors
2022 Latest Caselaw 1359 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14197/2015

Durga Ram S/o Shri Prabhu Ram, by caste Jat, aged 54 years (date of birth 15.05.1961), resident of Village Riyan Setho Ki, Tehsil Bilara, District Jodhpur.

----Petitioner Versus

1. The State of Rajasthan through Secretary, Department of Forest, Government of Rajasthan, Secretariat, Jaipur.

2. The Chief Conservator of Forest, Department of Forest, Rajasthan, Jaipur.

3. Dy. Conservator of Forest, Jodhpur.

4. Dy. Conservator of Forest, World Food Programme, Jaisalmer.

----Respondents

For Petitioner(s) : Mr. Rakesh Matoria through VC For Respondent(s) : Mr. Digvijay Singh Jasol through VC

HON'BLE MS. JUSTICE REKHA BORANA

Order

28/01/2022

The present petition has been filed with the prayer for a

direction to the Department to consider the date of birth of

petitioner to be the same, which he furnished at the time of initial

appointment, and not to consider the date of birth as furnished on

the basis of the medical certificate issued by the Medical Board

constituted by the Department.

Counsel for the petitioner submitted that the same

controversy arose in the matter of Nakhtu Ram Vs. State of

Rajasthan & Anr (S.B. Civil Writ Petition No.660/2011) and

other connected matters and the same was decided vide judgment

dated 15.01.2014, in which the co-ordinate Bench of this Court

(2 of 2) [CW-14197/2015]

allowed the petitions of the petitioners and directed the

Department to consider the date of birth which they furnished at

the time of entry in services.

In view of the judgment passed in the case of Nakhtu Ram

(supra), the present petition is also allowed.

The respondents are directed to consider the date of birth of

the petitioner to be 15.05.1961, that is, the date furnished by him

at the time of initial appointment. As the petitioner has since

retired, all the consequential benefits because of the said change

in date of birth would also be granted to the petitioner.

(REKHA BORANA),J 4-AnilKC/-

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