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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Nelson Sailo
Sh. Laldingliana Chinzah S/o C. Mangcheuva – Appellant
Versus
State of Mizoram r/b the Chief Secretary to the Govt. of Mizoram – Respondent
JUDGMENT & ORDER :
Heard Mr. C. Lalramzuava, learned Senior Counsel assisted by Mr. Stephen Lalbuatsaiha, learned counsel for the petitioner and Ms. Vanneihsiami, learned Govt. Advocate for the respondents. By filing this writ petition, the petitioner has sought for a direction to the respondents to change his date of birth from 15.05.1965 as written in his service book to 01.04.1967 as per his Matriculation Certificate.
[2.] Brief facts of the case essential for disposal of the instant case is that the petitioner was initially appointed as Assistant Jailor on 28.01.1991 on officiating basis and later on was regularized in service. He was thereafter promoted to the post of Jailor and presently, he is serving as Superintendent of Jail. It is the case of the petitioner that at the time of entering into service, his date of birth was wrongly entered as 15.05.1965 in his service book. The same was not to his knowledge for a long time but when he was posted in District Jail at Saiha in the year 1992. He came to learn about the wrong entry and accordingly, he submitted his representation before the Inspector General of Prisons on 15.04.1995 through the Superintendent, District Jail, Saiha
The court upheld the rejection of the petitioner's request to alter his date of birth in service records, emphasizing the need for timely submissions and procedural compliance.
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.
Correction of date of birth can only be made within a specified time frame and cannot be claimed as a matter of right, especially at the fag end of the service career.
If there is good evidence to establish that recorded date of birth is erroneous, correction cannot be claimed as a matter of right.
Requests for correction of date of birth in service records at the fag end of one's career are impermissible and must demonstrate timely claims to avoid disrupting promotion rights of others.
Timeliness and procedural compliance are critical for corrections in service records related to date of birth under applicable regulations.
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