Applications for correction of date of birth at the fag end of service cannot be entertained, and finality and certainty in government service matters are crucial.

JUDGMENT :

Sandeep V. Marne, J.

1. Rule. Rule made returnable forthwith. With the consent of the parties, taken up for final disposal.

2. Petitioner-State Government has filed this petition challenging judgment and order dated 21 April 2023 passed by the Maharashtra Administrative Tribunal (Tribunal) in Original Application (OA) No. 280/2023. The Tribunal has allowed the O.A. filed by the Respondent directing Petitioners to correct Respondent’s date of birth as 23 November 1965 in place of 23 May 1965 in service records and to accord necessary consequential service benefits to him.

3. Respondent came to be appointed on the post of Police Sub-Inspector through selection process conducted by Maharashtra Public Service Commission (MPSC) on 17 August 1992. At the time of his appointment, he relied upon School Leaving Certificate which reflected his date of birth as ‘23 May 1965’. Even in his Matriculation certificate, the date of birth is reflected as 23 May 1965. Accordingly, Respondent’s date of birth came to be registered in the service records as 23 May 1965. Later, he made an application dated 22 July 1994 for correction in his date of birth as 23 November 1965 by relying upon Birth Certificate issued by the Municipal Corporation of Greater Mumbai (M.C.G.M.). No action was taken on application dated 22 July 1994. The Respondent did not take any steps for correction of his date of birth for a considerable period of time and made the next application after ten years on 29 January 2004. He made few more applications during the years 2004 and 2005. After brief hiatus, he resumed making applications in the year 2011 and continued doing so during the years 2013 and 2014 as well. Some internal correspondence also took place on the request made by him. Respondent was promoted from time to time to various posts and was functioning on the post of Assistant Commissioner of Police at the time of his retirement which scheduled on 31 May 2023. He made representation dated 22 July 2022 for correction of date of birth. His application was rejected on 1 March 2023. He filed O.A. No. 280/2023 in March 2023 before the Tribunal for correction of his date of birth. The Tribunal has proceeded to allow the O.A. directing Petitioners to correct the date of birth in the service record as 23 November 1965. Aggrieved by the order of the Tribunal, Petitioners have filed the present petition.

4. Appearing for Petitioners, Mr. Samant the learned AGP would submit that the Tribunal ought to have rejected the Original Application filed for change of date of birth at the fag end of service. He would rely upon provisions of Rule 38 of Maharashtra Civil Services (General Conditions of Service) Rules, 1981 (Rules of 1981) in support of his submission that the alleged erroneous entry was neither an obvious mistake nor attributable to any person other than the Respondent. That therefore the case of Petitioner is not covered by Rule 38 (2a)(f) of the Rules of 1981.

5. Mr. Samant would further submit that if the date of 22 November 1965 is taken as the correct date of birth of Respondent, he would be ineligible to seek admission in Grade-1 on 23 May 1971. In that regard, he would rely upon provisions of The Right of Children to Free and Compulsory Education Act, 2009 which envisages admission in a school at the age of six years. He would further submit that, Respondent’s reliance on the Birth Certificate allegedly issued by the M.C.G.M. dated 5 July 12986 is irrelevant as Respondent did not rely upon the said document at the time of his appointment in service in the year 1992. He would submit that the Original Application of the Respondent was barred by limitation and ought not to have been entertained by the Tribunal.

6. Per-contra, Ms. Jagdale the learned Counsel appearing for Respondent would oppose the Petition and support the order passed by the Tribunal. She would submit that the Birth Certificate issued by M.C.G.M. has more evidentiary value over the School Leaving