In CWP No. 1332 of 2023-PUNJ HC- While exercising jurisdiction under Article 226 of Constitution, P&H HC refuses to venture into disputed question with respect to alleged error in date of birth of petitioner discharged from his duty on account of attaining age of superannuation
Justice Pankaj Jain [31-01-2023]

Read Order: Sukhdev Singh v. The State of Punjab and Others

Monika Rahar

Chandigarh, February 1, 2023: While dealing with a petition involving an error in the date of birth of an employee discharged from his duty on account of attaining the age of superannuation, the High Court of Punjab and Haryana has held that it did not find that it was a fit case wherein the Court, while exercising jurisdiction under Article 226 of the Constitution of India, would venture into the disputed question with respect to the date of birth of the petitioner. 

In the present petition before the Bench of Justice Pankaj Jain sought the quashing of the impugned order passed by the fifth respondent whereby the petitioner was discharged from his duty w.e.f. January 4, 2023 for having attained the age of superannuation. 

It was the petitioner’s case that the actual date of birth of the petitioner was January 5, 1975, however, the authorities misread the same as January 5, 1965. 

The State Counsel produced the official record which included a form filled in the hand of the petitioner himself as per which his date of birth was mentioned as January 05, 1965 on the basis of information and the documents submitted by the incumbent at the time of recruitment. Rules prepared by the Punjab Home Guards also reveal that the date of birth of the petitioner was mentioned as January 05, 1965, the Counsel added. 

In view of the aforesaid facts, the Court held at the very outset, 

“I do not find that it is a fit case wherein this Court while exercising jurisdiction under Article 226 of the Constitution of India would venture into the disputed question with respect to the date of birth of the petitioner”. 

However, liberty was granted to the petitioner to avail an alternate remedy in accordance with law, if so advised to establish his date of birth by leading cogent evidence as claimed in the writ petition.