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Bombay High CourtWP/4842/2017dismissed

Shri. Laxman Sukhdev Gaikwad v. The State Of Maharashtra Through Principal Secretary And ORS.

2018-04-06Hon'Ble Smt. Justice S.S. Jadhav,Hon'Ble Shri Justice Ranjit More.2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4842 OF 2017 Laxman Sukhdev Gaikwad.

..Petitioner.

Versus

State of Maharashtra & Others.

..Respondents.

Mr. Sachin Gite for the Petitioner.

Mrs. R. M. Shinde, AGP for the Respondent-State. Coram : Ranjit More & Smt. S. S. Jadhav, JJ.

Date : April 6, 2018.

P. C. :

1.

Heard. The petition is filed seeking direction to the Respondents to change date of birth of the Petitioner from 2nd June 1962 to 26th March 1963. The Petitioner was appointed as assistant teacher in the year 1993. On the basis of information given by the Petitioner himself, the date of birth of the Petitioner in the service record is recorded as 2nd June 1962. For the first time in the year 2014, the Petitioner made an application for correction in birth date from 2nd June 1962 to 26th March 1963. The said application is rejected on the ground that relevant provision require that the concerned person to make an application for change in birth date within two years from the date of entry into service. Admittedly, the Petitioner has not followed this rule. We, therefore, do not find any error in the impugned order patilsr 1 / 2

especially when it is settled position in law that change in the birth date in service record cannot be carried out at the fag end of career. Hence, writ petition is dismissed.

[Smt. S. S. JADHAV, J.] [RANJIT MORE, J.] patilsr 2 / 2