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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Rama, S/o Shri Wala Harijan – Appellant
Versus
State Of Rajasthan Through The Secretary. Department Of Local Self Government, Secretariat Jaipur – Respondent
| Table of Content |
|---|
| 1. background facts of employment and error (Para 1 , 2) |
| 2. petitioner's reliance on initial declarations and rules (Para 3 , 4) |
| 3. respondent's arguments on discrepancies in birth declarations (Para 5 , 6 , 7) |
| 4. court analysis of discrepancies and procedures (Para 8 , 9) |
| 5. court's reasoning on natural justice principles (Para 11 , 12 , 13 , 14) |
| 6. conclusion quashing the order and affirming petitioner's date of birth (Para 15) |
ORDER :
NUPUR BHATI, J.
1. The present writ petition has been filed with the following prayers:-
“1. That the writ petition may kindly be allowed and the impugned order dated 30.01.2015 (Annexure-8) may kindly be quashed and set-aside. It may also be held that the petitioner is entitled for continuity of services with all consequential benefits and relief.
2. That the respondents may further be directed to made a necessary correction in the entry of date of birth of the petitioner in column No. 3 of the particulars of the government servant in the service record and it may kindly be declared that a date of birth of the petitioner is 30.4.1961 instead of 01.07.1955.
3. Any other appropriate order or direction that may be deemed just and proper in the f
Employment rights include the correction of clerical errors impacting service continuity, with adherence to principles of natural justice necessary when determining an employee's age.
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.
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.
Alteration of an employee's date of birth must comply with natural justice principles; failure to provide an opportunity to contest changes leads to void actions.
The court ruled that corrections to an employee's recorded date of birth must be made promptly and substantiated by irrefutable evidence, especially when requested at the end of service.
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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