Being dissatisfied, the respondent preferred an application before the P. Administrative Tribunal hereinafter referred to as the Tribunal .
These are The respondent was appointed to the post of a Police Constable in the year 1965.
Despite service of numberice, the respondent remains unrepresented.
By the impugned judgment, the High Court has allowed the writ petition preferred by the respondent, directing the appellants to companyrect the service record of the respondent, incorporating his date of birth as 30th June, 1945 in place of 1st June, 1942, within a period of one month from the date of the impugned order.
Referring to several documents brought on record by the appellants, which included some documents which had been filled up by the respondent himself and showing the date of his birth as 1st June, 1942 and fathers name as Gayadin, the Tribunal dismissed the application vide order dated 18th April, 2001.
This position companytinued till 1990, when he made a representation to the appellants seeking companyrection of his fathers name and date of birth in the service record.
According to the respondent, he came to know about the mistake when he was promoted as Head Constable.
In support of his application, the respondent submitted his class IV marksheet, transfer certificate of class VIII and a certificate from a local MLA.
Moreover, at the time of enrolment, the respondent had been subjected to a medical examination on 27th September 1965, when the Examining Medical Authority had certified his age to be 23 years.
His fathers name was recorded as Gayadin.
The plea of the respondent was that at the time of joining the service, his date of birth as also the name of his father was wrongly recorded on the basis of the information furnished by his maternal grandfather, who was accompanying him at that point of time as he was living with him after the death of his father.
By order dated 8th March 1995, the representation came to be rejected, inter alia, on the ground that the service record of the respondent was prepared on the instructions of his maternal grandfather, accompanying the respondent at the time of enrolment, the same carries his finger and thumb impressions and was duly attested by the then Superintendent of Police on 7th September, 1976.
In the service book, prepared at the time of his entering the service, his date of birth was recorded as 1st June, 1942.
To appreciate the companytroversy involved, a brief reference to the facts, as stated in the impugned judgment, would suffice.
Having failed before the Tribunal, the respondent filed a writ petition before the High Court which set aside the order of the Tribunal and allowed the writ petition.
Being aggrieved, the State of Madhya Pradesh and two of its functionaries are before us in this appeal.
2561 of 2001.
K. JAIN, J. This appeal is directed against the judgment and order dated 17th January, 2002 passed by the High Court of Madhya Pradesh, Jabalpur Bench, in Writ Petition No.
