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1996 Supreme(SC) 2001

G.T.NANAVATI, K.RAMASWAMY
Commissioner Of Police, Bombay – Appellant
Versus
Bhagwan V. Lahane – Respondent


ORDER

Delay condoned.

Leave granted.

We have heard learned counsel on both sides.

2. This appeal by special leave arises from the order of the Maharashtra Administrative Tribunal, made on October 6, 1992 in OA No. 1511 of 1991. The respondent was selected as a Sub-Inspector and sent for training on July 15, 1974. On successful competition thereof, he was appointed and gained entry into the service on July 1, 1976. As per Rule 36 of the Maharashtra Civil Services (General Conditions of Service) Rules, 1981 (for short, the Rules ) which repealed earlier orders and came into force on 15.8.1981 would indicate that once an entry of age or date of birth has been made in a service book, the same shall not be altered afterwards unless it is shown that the entry was due to want of care on the part of some person other than the individual in question or that it is an obvious clerical error. Instructions have been issued in that behalf which reads as under:

"Instruction-(1) Normally, no application for alternation of the entry regarding date of birth as recorded in the service book or service roll of a Government servant should be entertained after a period of five years commencing from the d











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