Jagdish Prasad Dhruv v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.2445 OF 2019 Jagdish Prasad Dhruv S/o Mana Ram Dhruv Aged About 59 Years R/o Village Jhoka Post Latua Tahsil Balodabazar District Balodabazar Bhatapara, Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through Chief Secretary Public Works Department Mahanadi Bhawan Atal Nagar Raipur District Raipur, Chhattisgarh.

2. Sub Divisional Officer T/M Sub Division P. W. D. (B/R) Balodabazar District Balodabazar- Bhatapara, Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Shiv Shankar Tiwari, Advocate.

For Respondent-State :

Ms. Sunita Jain, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 04.04.2019 1.

The limited prayer that the petitioner has made in this petition is for a direction to the respondents to consider the records that the petitioner has submitted so far as his date of birth is concerned and pass an appropriate order in this regard.

2.

The facts of the case is that, the petitioner got appointed under the respondents as Gangman in the year 1979. While entering the service, it is alleged that the petitioner has erroneously entered his date of birth as 18.09.1958 whereas his actual date of birth is 18.05.1961. The petitioner submits that when he came to know about this erroneous date of birth entered in his service book, he immediately vide Annexures P/3 & P/4 approached the authorities for correction of his date of birth which till date has not been carried out.

3. Given the said facts that the respondents have till date not taken any decision on the claim of the petitioner for correction of date of birth, this court is of the opinion that no fruitful purpose would be served in keeping this petition pending, rather ends of justice would be served if the

petitioner is directed to approach the concerned Executive Engineer/Superintending Engineer, as the case may be, for correction of his date of birth supported with all relevant records and proof in respect of his actual date of birth. The concerned Executive Engineer or Superintending Engineer, as the case may be, shall after due process of the same pass an appropriate order keeping in view the rules and guidelines framed by the State Govt. so far as correction of date of birth is concerned.

4. It is expected that the Executive Engineer/Superintending Engineer concerned shall take a decision at the earliest preferably within an outer limit of four months from the date of receipt of copy of this order. If required, the petitioner also be given a personal hearing while deciding his claim.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder