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Bombay High CourtWP/465/2025dismissed

Smt. Urmila Manoj Ganvir v. Govt. Of India Ministry Of Agri. And Farmers Welfare, Dept. Of Agri. And Farmers Welfare, And ORS.

2025-02-14Hon'Ble Shri Justice Nitin W. Sambre , Hon'Ble Mrs. Justice Vrushali V. Joshi3 pages

2025:BHC-NAG:1683-DB 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 465 OF 2025 Urmila Manoj Ganvir -Vs-Government of India Ministry and ors. ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------- Ms.Radha Mishra, counsel for the petitioner. CORAM: NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATE : 14th FEBRUARY, 2025.

1.

Heard the learned counsel appearing for the petitioner.

2.

The prayer in the Writ Petition is for issuance of directions to the respondent-employer to carry out correction in the service record of the petitioner as regards her date of birth from 10/10/1967 to 10/10/1968. 3.

The petitioner claims that she is still in the employment of the respondent-employer.

4.

It is the case of the petitioner that she has approached the Deputy Agricultural Marketing Advisor with request for correction in the date of birth as referred above on 23/11/2020. Such request though was moved with the respondent No.2, the said request was never decided till this date and as such, there is a failure on the part of the

2/3 respondent-employer to perform the duty vested in the matter of deciding the claim of the petitioner for correction of the date of birth.

5.

The learned counsel appearing for the petitioner would invite our attention to the date of birth certificate of the petitioner and as such other documents which she has preferred claiming therein the correction of date of birth. The last communication was preferred by the petitioner on 29/06/2022.

6.

We have considered the said submissions.

7.

It is apparent that the date of entry in the service of the petitioner is on 22/03/1996.

8.

Consequent to the aforesaid appointment, it is claimed by the petitioner that she immediately approached the respondent No.2 with a request for carrying out the correction in the date of birth.

9.

The fact that the petitioner has approached the respondent No.2 is sought to be justified from annexure III, which is produced at page No.14, wherein, request is made for correction of date of birth. The request was made for the first time in 2020 for the purpose of correction in the date of birth in service record though the petitioner has joined duties on 22/03/1996. The request was made on 23/11/2020. The correction in the date of birth ought to

3/3 have been applied within 5 years from the date of joining i.e. 22/03/1996. The fact remains that the petitioner was aware about her date of birth as 10/10/1968 and not 10/10/1967 however, still she has permitted to continue in the employment and was granted promotion during her service period based on the said service record. Now at the fag end of her service, as she would retire on 31/10/2027, in 2020 she claims to have approach the employer seeking the correction in the date of birth.

10.

In our opinion, such relief in the absence of there being statutory provision supporting the case of the petitioner cannot be granted. That being so, no case for causing interference in extra ordinary jurisdiction is made out. The petition as such stands dismissed.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 20/02/2025 18:30:37