The High Court dismissed a writ petition seeking correction of the petitioner's birth date in service records and grant of consequent benefits, holding the application was filed at a belated stage due to delay and laches pending retirement.
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WP. 2309-16
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITIONE No. 2309 OF 2016
Shri Tanaji Jagannath Wadekar … Petitioner Vs. Bhartiya Jain Sanghatana Education Society, Pune & Ors. … Respondents
Mr. Uday Warunjikar a/w Ravindra Pachundkar, for the Petitioner. Mr. R. D. Soni a/w V. R. Kasle i/b Ram & Co., for Respondent No. 1. Ms. Gauri Rao, AGP for Respondent Nos. 3 to 5.
CORAM : V. M. KANADE, & REVATI MOHITE DERE, JJ. DATE : FEBRUARY 26, 2016
PC.
Petitioner. By this petition, which is filed under Article 226 of the Constitution of India, Petitioner is seeking an appropriate writ, order
and direction, directing the Respondent to correct his birth date in the service book as 11.2.1969 instead of 1.3.1958. Petitioner is further seeking grant of consequential benefits, which became available to the him, on account of change of birth date. The learned counsel appearing on behalf Petitioner submitted that in the original birth
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WP. 2309-16
certificate, the date of birth was 11.2.1959. However, in the school record inadvertently the date was shown as 1.3.1958. It is submitted that Petitioner's mother – Hausabai Jagannath Wadekar, filed an affidavit dated 9.9.1978 in which she has stated the correct date as 11.2.1969. It is submitted that similarly the Petitioner has made a representation for changing the date of birth in the service record, but no decision was taken by the Respondent.
Sd/Sd/[REVATI MOHITE DERE, J.] [V. M. KANADE, J.]
Vinayak Halemath
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2 issues framed by the court
Whether a writ can be issued to correct the petitioner's birth date in service records after a significant delay and near retirement.
Whether the High Court should grant consequential benefits dependent on a corrected birth date filed beyond the permissible time limit.
1 provisions across 1 enactments
Shri Tanaji Jagannath Wadekar
Bharatiya Jain Sanghatana Education Society, Pune
Respondents
V. M. Kanade
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
