High Court of DelhiW.P.(C)/11033/2017

Veer Singh v. Presedent Of Delhi Sikh Gurudwara Management Committee & ORS

2017-12-12Hon'Ble Mr. Justice Sunil Gaur2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11033/2017 VEER SINGH ..... Petitioner Through:

Mr. Sandip Mandal, Advocate

Versus

PRESEDENT OF DELHI SIKH GURUDWARA MANAGEMENT COMMITTEE & ORS.

..... Respondents Through:

Mr. Jasmeet Singh, Advocate

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 12.12.2017 In this petition, a Mandamus is sought to first respondent to not terminate petitioner‟s service and permit him to serve till the date of his retirement, as petitioner‟s date of birth is 7th March, 1964 and due to bona fide clerical mistake, it has been recorded as 1st January, 1958 in petitioner‟s service records.

Learned counsel for petitioner submits that petitioner has already made Representation (Annexure-B colly) on 26th July, 2007 and according to petitioner, on directions of the Chief Administrator of respondent‟s Committee, he had met with the Record Keeper on 30th July, 2007 and had shown his original certificates of 9th and 10th class and photocopy was kept by the respondents but still nothing was done. It is orally submitted by petitioner‟s counsel that even in the years 2014, 2015 and 2016, W.P.(C) 11033/2017

similar Representations were made to get the discrepancy in petitioner‟s date of birth corrected in his service records, but to no avail. Copy of such Representations made in the year 2014, 2015 and 2016 are not on record. It is brought to the notice of this Court that petitioner has to retire on 31st December, 2017. Learned counsel for respondents submits that the jurisdiction to entertain the subject matter of this petition lies with the concerned District Judge and so, petitioner ought to be relegated to avail of the remedies before the aforesaid Forum. The aforesaid is not disputed by petitioner‟s counsel.

In view of the above, this petition is disposed of with liberty to petitioner to avail of the remedies, as sought in this petition, before the concerned District Judge.

(SUNIL GAUR) JUDGE DECEMBER 12, 2017 r W.P.(C) 11033/2017