Writ Petition No. 5345 of 2011. Case: Maruti Daulu Patil Vs The State of Maharashtra. High Court of Bombay (India)
| Case Number | Writ Petition No. 5345 of 2011 |
| Counsel | For Appellant: Mr. N.V. Bandiwadekar, Advocate and For Respondents: Ms. M.S. Bane, 'B' Panel, AGP for State |
| Judges | Naresh H. Patil and Ravindra V. Ghuge, JJ. |
| Issue | Service Law |
| Judgement Date | June 11, 2014 |
| Court | High Court of Bombay (India) |
Judgment:
Ravindra V. Ghuge, J.
1. Heard learned advocates for the respective sides.
2. Rule. Rule made returnable forthwith. By consent of the parties taken up for hearing and heard finally.
3. By this petition, the petitioner has challenged the dismissal of his Original Application No. 649 of 2008 by the Maharashtra Administrative Tribunal, Mumbai, ("MAT" for short), vide order dated 30th April, 2010 and correction of his date of birth.
4. The petitioner was a police constable attached to Kurla Police Station. He claims that his actual date of birth is 19th October, 1952. His birth entry was made in the birth register maintained by the concerned authorities at village Teginhal, Taluka Gadhinglaj, District Kolhapur. He was admitted in the primary school when his father wrongly entered his date of birth as 1st November 1950. The said entry was carried throughout in his school register, school leaving certificate and S.S.C. Certificate.
5. On 25th May, 1977, the petitioner came to be appointed as a police constable. He claims to have produced his birth extract showing his date of birth as 19th October, 1952. He also produced his school leaving certificate which indicated his date of birth as 1st November, 1950. It is contended that the concerned officer preferred to accept his school leaving certificate and, therefore, the entry in his service book indicates his date of birth as 1st November, 1950.
6. The petitioner claims to have made a representation dated 27th September, 1980 to the 2nd respondent-Commissioner of Police Brihan Mumbai, seeking change of date of birth. Since a query was raised as to whether the petitioner had any siblings, the petitioner produced the birth extract of his brother and two sisters, which are submitted to the 2nd respondent. Yet his application was not dealt with. He made further representations on 27th February, 1983, 25th May, 1983, 4th June, 1992, 26th June, 1992 and 11th April 2006. It is the case of the petitioner that none of his representations were dealt with.
7. Respondent No. 2 published a notice in the police gazette on 19th September, 2007, declaring the date of the petitioner's retirement from service as '31st October, 2008'. This date was arrived at on the basis of his birth date 1st November, 1950 entered in his service book.
8. The petitioner claims to have made an application dated 27th October, 2007 to the office of respondent No. 1-Addl. Chief Secretary, Home Department...
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