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Bombay High CourtWP/3395/2014rejected

Tukaram Gopal Tanpure v. The State Of Maharashtra And ORS

2018-01-08Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice B.R. Gavai2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3395 OF 2014 Tukaram Gopal Tanpure ..Petitioner

Versus

The State of Maharashtra and others ..Respondents Mr. Samir A. Kumbhakoni, Advocate for the Petitioner. Mr. S. B. Kalel, AGP for Respondent Nos.1 and 4. CORAM: B. R. GAVAI & B. P. COLABAWALLA, JJ.

DATE: 8th JANUARY, 2018 P.C.:- 1] Petitioner has approached this Court, praying for direction to the Respondents to change the date of entry of Petitioner's birth from 01/06/1962 to 14/4/1963. Admittedly, the Petitioner was appointed on 09/06/1986 and the application was made for the first time on 27/07/2011.

2] By now, it is a settled principle of law that application for correction of entry pertaining to date of birth has to be made within a period prescribed under the Rules, governing the service conditions and if no such provision is made in the Rules then within a reasonable period. Such reasonable period has been held to be a period of five 1/2

11-WP-3395-14.sxw years.

3] In that view of the matter, prayer for considering the application which is made after 25 years from the date of entering into service, cannot be entertained. Petition is therefore rejected. (B. P. COLABAWALLA, J. ) (B. R. GAVAI, J. ) 2/2