Ramkuvar R. Malhar v. The Commissioner , Thane Municipal Corporation And ANR

38-WP9728-19.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9728 OF 2019 Ramkuvar R. Malhar

...Petitioner

Versus

The Commissioner, Thane Municipal Corporation

...Respondents

Mr. Saurabh Oka, for the Petitioner.

CORAM:

RANJIT MORE & N. J. JAMADAR, JJ DATED:

6th SEPTEMBER, 2019 PC:- 1.

Heard Mr. Oka, the learned Counsel for the petitioner. 2.

By this petition, the petitioner is seeking direction to respondent no.1 to change his date of birth in the service record of the respondent - Corporation. The petitioner started working with the respondent - Corporation with effect from 2nd November, 1994 as a Clerk. For the first time on 14th May, 2019, the petitioner made an application to the respondent - Corporation to change his date of birth in service record. The application is rejected by order dated 20th June, 2019, on the ground that the petitioner has not made application for changing his birth date within a period of five years from the entry in service. It is settled position in law that change in date of birth cannot be effected at the time of 1/2

38-WP9728-19.DOC fag end of service as the petitioner is due for retirement on superannuation on 30th September, 2019. Therefore, we do not find any error in the impugned order. The petitioner is not entitled for any direction as sought for. 3.

The petition being devoid of substance stands dismissed.

[N. J. JAMADAR, J.] [RANJIT MORE, J.] 2/2