Usha Rani v. State Of Punjab And ORS

Manoj Kumar 2016.08.23 09:40 I attest to the accuracy and integrity of this document #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 14.07.2016 Usha Rani ....Petitioner Vs.

State of Punjab and Ors.

....Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Arun Gosain, Advocate for the petitioner. Jaswant Singh, J By filing the instant writ petition, the petitioner, who is working as Headmistress, Government High school, Chughe Khurd, Bathinda, has prayed for setting aside the impugned orders dated 29.9.2014 (P.8) passed by respondent No.3 and order dated 10.7.2015 (P.10) passed by respondent No.2 whereby her request for correction of date of birth i.e 04.10.1958 to 06.9.1959 in her service record has been rejected.

It is contended by learned counsel for the petitioner that in view of the correction/change of date of birth of the petitioner from 04.10.1958 to 06.9.1959 by Punjab School Education Board vide Communication dated 05.3.2014 (P.4), the impugned orders rejecting her claim for correction of date of birth in service record is wholly unsustainable and liable to be set aside.

#2# Heard learned counsel for the petitioner and perused the paper book.

Admittedly, the petitioner joined as Scinece Mistress with the Education Department,Punjab on Ad hoc basis w.e.f 21.12.1981. Thereafter her services were regularized w.e.f 11.10.1984 and at present she is serving as Headmistress, Government High School, Chughe Khurd, District Bathinda. Now, after a period of almost 35 years of entering into service, the petitioner has sought for correction of her date of birth in her service record on the basis of the correction made by Punjab School Education Board and reliance in this regard is placed on the letter dated 05.3.2014.

A perusal of impugned orders reveals that the claim of the petitioner has been declined on two counts i.e (i) by relying upon Rule 2.5 of the Punjab Civil Service Rules Volume I, Part I, Chapter II read with Annexure A, which inter alia provides that any Government employee may seek for amendment/correction in date of birth within a period of two years from the date of joining of the service and (ii) the petitioner got corrected her date of birth from 04.10.1958 to 06.9.1959 without there being any recommendation/permission of the Department.

The justification given by the respondents while declining the claim of the petitioner for correction of her date of birth in service record at such belated stage is absolutely valid and reasonable in view of the fact that if such a correction is permitted to be made at this stage, then the same will change the entire service record of the petitioner and other co-employees, who are

#3# having expectations of promotion and seniority, will also be effected. Moreover, in order to obviate such a situation, Rule 2.5 read with Annexure A provides the outer limit of two years for correction of date of birth in the service record of an employee from the date of joining of service.

No ground for interference is made out.

Dismissed.

July 14, 2016 ( JASWANT SINGH ) manoj JUDGE