Law:

Section:

Civil Service- ---Date of birth-Change of-Instructions governing change of date of birth-Deemed as rules under S. 23 (2) of Civil Servants Act, 1974---­Date of birth recorded on basis of Medical examination at time of entry into service in 1936 sought to be changed on basis of school leaving certificate and birth certificate issued by District Health Officer-Appli­cation for rectification made in 1972-Department, held, had discre­tion to refuse or consider matter as belated having been agitated much after 2 years of entry into service-Punjab Civil Servants Act (VIII of 1974), S. 23 (2) read with Punjab 'Government Circular Letters No. 20076 (H) Gaz. dated 4-8-1928, No. 4375-54/Gaz. dated 30-9-1954 and No. SOR-11 (S & GAD) 6-4/75 dated 6-4-1975. ORDER In this appeal the appellant joined the Police Service as Police Constable on 6th January, 1936 in District Gujrat. The appellant was medically examined by the Medical Officer concerned and according to the certificate issued to him, his date of birth was shown as 6th of January, 1917. As per entries in the service book prepared in respect of the appellant, the date of birth was also the same. The service book contained, the signature of the appellant to authenticate the entries therein. It appears that somewhere in 1962 the appellant moved for the rectification of his date of birth as 16th of September 1917 instead of 6-1-1917. The appellant also sought to support the above rectification on the basis of the school leaving certificate and the birth certificate issued by the District Health Officer, Jhelum according to which his date of birth appeared to be 17th of October, 1917. The departmental authorities,, however, relying upon the Circular Letters No. 20076 (H) Gaz. dated 4th August, 1928, and No. 4375-54/Gaz., dated 30th September 1954 and finally the Punjab Government Circular Letter No. SOR-II/(S & GAD) 6-4/75. dated 6th April, 1975 and also the Inspector-General of Police Punjab, Lahore Letter No. 21612-23/E-IV, dated 25th October, 1972, informed the appellant that the entry made in the service record cannot be corrected at this stage. It may be pointed out that according to the above circular…

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