Onkar Lal Vs. State and ors.

Onkar Lal vs State and ors.

Disposition Petition allowed Court Rajasthan Decided May 06, 1992

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Citation: sooperkanoon.com/767897
Court: Rajasthan High Court
Judge: B.R. Arora, J.
Decided On: May 06, 1992
Case Number: S.B. Civil Writ Petition No. 75 of 1983
Subject: Service
Disposition: Petition allowed

Case Summary

AI-generated summary - not the official court judgment text.

Rajasthan Service Rules, 1951 - Rule 8(2)(a)--Correction of birth date--Petitioner working as Nayab Tehsildar in Revenue Department--Applied for correction of his date of birth entered in service record--Date of birth 16 Feb. 1933 in High School Certificate--Board of Revenue dismissed representation--Case covered by...

Key legal issue: Service
Outcome / disposition: Petition allowed

Parties & Advocates

Appellant / Petitioner

Onkar Lal

Respondent

State and ors.

Legal References

Cases Referred: (Samarath Lal Joshi v. State of Rajasthan and Ors.
Reported In: 1992(1)WLN346

Excerpt

rajasthan service rules, 1951 - rule 8(2)(a)--correction of birth date--petitioner working as nayab tehsildar in revenue department--applied for correction of his date of birth entered in service record--date of birth 16 feb. 1933 in high school certificate--board of revenue dismissed representation--case covered by judgment of samarth lal joshi--held, respondents are directed to reconsider representation of petitioner on merits.;writ allowed. - - 1933 which has been entered in the record of the education department and has been shown in the certificate of the middle class the year 1950 issued by the registrar, shiksha vibhagi prikshya rajasthan sarkar of the education department of state of rajasthan (annexure-2) as well as from the board of secondary education, rajasthan, high school examination, 1961 .the representation of the petitioner was dismissed by the board of revenue vide order dated 14th october 1981 keeping in view rule 8[2)(a) of the rajasthan service rule.b.r. arora, j.1. the petitioner who was working as nayab tehsildar in the revenue department of the state of rajasthan, applied for the correction of his date of birth entered in the service record. according to the petitioner, the date of birth of the petitioner was 16th feb.1933 which has been entered in the record of the education department and has been shown in the certificate of the middle class the year 1950 issued by the registrar, shiksha vibhagi prikshya rajasthan sarkar of the education department of state of rajasthan (annexure-2) as well as from the board of secondary education, rajasthan, high school examination, 1961 .the representation of the petitioner was dismissed by the board of revenue vide order dated 14th october 1981 keeping in view rule 8[2)(a) of the rajasthan service rule. the present case is fully covered by the judgment of this court in s.r.cw.no.1248/81 & 4 other writ petition (samarath lal joshi v. state of rajasthan and ors.) reported in r.l.r. 1985 page 443. as the present case is squarely covered by the judgment of samarath lal joshi's case, the writ petition is, therefore, disposed of in terms of samarath lal joshi's case. the writ petition filed by the petitioner is allowed and orders annexure-16 & 17 rejecting the representations of the petitioner are quashed and set aside and the respondents are directed to reconsider representation of the petitioner on merits with regard to the correction of the date of birth without taking into consideration the provisions contained in clause [a) of sub-rule(2) of rule 8 of the rules.

Full Judgment

B.R. Arora, J.

1. The petitioner who was working as Nayab Tehsildar in the Revenue Department of the State of Rajasthan, applied for the correction of his date of birth entered in the service record. According to the petitioner, the date of birth of the petitioner was 16th Feb.1933 which has been entered in the record of the education department and has been shown in the certificate of the Middle Class the year 1950 issued by the Registrar, Shiksha Vibhagi Prikshya Rajasthan Sarkar of the Education Department of State of Rajasthan (Annexure-2) as well as from the Board of Secondary Education, Rajasthan, High School Examination, 1961 .The representation of the petitioner was dismissed by the Board of Revenue vide order dated 14th October 1981 keeping in view Rule 8[2)(a) of the Rajasthan Service Rule. The present case is fully covered by the judgment of this Court in S.R.CW.No.1248/81 & 4 other writ petition (Samarath Lal Joshi v. State of Rajasthan and Ors.) reported in R.L.R. 1985 page 443. As the present case is squarely covered by the judgment of Samarath Lal Joshi's case, the writ petition is, therefore, disposed of in terms of Samarath Lal Joshi's case. The writ petition filed by the petitioner is allowed and orders Annexure-16 & 17 rejecting the representations of the petitioner are quashed and set aside and the respondents are directed to reconsider representation of the petitioner on merits with regard to the correction of the date of birth without taking into consideration the provisions contained in clause [a) of Sub-rule(2) of Rule 8 of the Rules.

Same Court & Year Rajasthan · 1992 Same Parties Onkar Lal vs State and ors. Same Subject Service Same Judge B.R. Arora, J.

Service