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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. CHANDURKAR, M. M. SATHAYE, JJ.
Shri Dnyaneshwar Baban Katkar – Appellant
Versus
The Director General And Inspector – Respondent
JUDGMENT :
M.M. SATHAYE, J.
1. Rule. Rule made returnable forthwith. Heard finally by the consent of the learned Counsel for the parties.
2. This Petition is filed challenging the judgment and order dated 02/05/2024 passed by the Member, Maharashtra Administrative Tribunal in Original Application No. 30 of 2024. By the said impugned order, the prayer for change in the date of birth of the Petitioner in his service book, from 01/06/1966 to 24/12/1968 and prayer for grant of consequential service benefits, has been denied.
3. Few facts shorn of unnecessary details, are as under. The Petitioner was selected as Police Sub-Inspector and joined his service on 15/09/1993. On successful completion of training, a regular appointment order was issued and the Petitioner’s Service Book was opened, wherein his date of birth was recorded as 01/06/1966. This matches with Petitioner’s school leaving certificate (page 74 or 79 of petition). The Petitioner's father sworn an Affidavit on 23/05/1995, stating that the Petitioner's correct date of birth is 24/12/1968. The Petitioner made an application to the concerned Additional Commissioner of Police on 29/05/1995, requesting change of date of birth in se
Applications for change of date of birth in service records must comply with procedural rules and be made within five years of joining service; failure to do so results in denial.
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.
The court affirmed that applications for correction of date of birth must be made within two years of service entry, and delays undermine service integrity and affect junior employees' promotions.
Applications for correction of date of birth in service records can be rejected on grounds of delay and lack of irrefutable proof, especially when made at the fag-end of service.
Changes to recorded dates of birth in service records cannot be claimed as a matter of right and must comply with established regulations, particularly after a significant delay.
Requests for correction of date of birth in service records made at the end of service are not sustainable unless made within prescribed time limits and with clear evidence of error.
(1) Application for change of date of birth can only be as per the relevant provisions/regulations applicable.(2) Even if there is cogent evidence, same cannot be claimed as a matter of right.(3) App....
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