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MARLI VANKUNG
Vimal Goswami S/o Late H. G. Goswami – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Heard Mr. I. Bam, learned counsel for the petitioner along with Mr. M. Kato, learned DySGI for the respondents.
2. The petitioner has filed the instant writ petition, praying for a direction to make the necessary correction in the service record, rectifying his date of birth, which was wrongly recorded as 31.08.1964, while his correct date of birth is 31.08.1966.
3. The case of the petitioner is that in accordance with the notification dated 30.11.1979 issued by the Government of India, Ministry of Home Affairs, DP&AR, which was reiterated in the Office Memorandum dated 01.05.1993 and 16.12.2014 issued by the Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, the petitioner had made a representation for correction in his service record on the wrong date of birth, within 2 (two) years from his joining of service, by submitting his Birth Certificate, issued on 04.02.1992 by the Executive Officer, Nagar Palika, Lakhimpur Kheri, Uttar Pradesh, wherein his correct Date of Birth was recorded as 31.08.1966. The petitioner filed his first representation on 30.04.1992, which was rejected mechanically by the respondent authority on 14.12.1992,
A government servant's date of birth can be corrected if the request is made within five years and does not affect eligibility for examinations, supported by a valid Birth Certificate.
Delay in seeking correction of date of birth and lack of conclusive proof can justify rejection of such requests by employment authorities.
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.
Applications for correction of date of birth in service records must be timely; delay can invalidate claims, even with evidence.
If there is good evidence to establish that recorded date of birth is erroneous, correction cannot be claimed as a matter of right.
A writ petition is not maintainable for the correction of a date of birth in a service record if the petitioner fails to approach the court within a reasonable time and lacks unimpeachable evidence t....
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