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1996 Supreme(SC) 392

1996(2) SUPREME 661
SUPREME COURT OF INDIA
K. Ramaswamy & G.B. Pattanaik, JJ.
Union of India            -Appellant
versus
Ram S. Sharma -Respondent
Civil Appeal No. 3626 of 1996
(Arising out of SLP (C) No. 14726 of 1995)
Decided on 15-2-1996

IMPORTANT POINT
Court or Tribunal at belated stage can not entertain a claim for correction of date of birth duly entered in service records.

Headnote:Service Law-Claim for correction of date of birth-Court or Tribunal can not entertain if at belated stage-Respondent claimed correction in date of birth after 25 years of service-Direction by Tribunal to consider correction is per se illegal. (Para 1)

       

ORDER

Leave granted.

The controversy raised in this appeal is no longer res integra. In a series of judgments, this Court has held that a Court or Tribunal at the belated stage cannot entertain a claim for the correction of the date of birth duly entered in the service records. Admittedly, the respondent had joined the service on December 16, 1962. After 25 years, he woke up and claimed that his correct date of birth is January 2, 1939 and not December 16, 1934. That claim was accepted by the Tribunal and it directed the Government to consider the correction. The direction is per se illegal.

The appeal is accordingly allowed. No costs.

*******

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