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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Ramesh Chand – Appellant
Versus
HPSEB Ltd. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
The petitioner has instituted this writ petition just about 4 months prior to his retirement seeking directions to respondents-HPSEB Ltd. to correct his date of birth in the service record from 07.01.1967 to 08.01.1968.
2. The case pleaded by the petitioner is that:-
2(i). Petitioner was initially engaged as daily waged Labourer in the year 1983. His services were regularized by the respondents-HPSEB Ltd. as Cleaner in the year 1992. Petitioner was promoted as Additional Foreman-cum-Driver on 10.02.2022. He is working as such till date.
2(ii). At the time of regularization of the petitioner’s services in the year 1992, his date of birth was entered into service record as 07.01.1967. This entry was made on the basis of petitioner’s matriculation certificate.
2(iii). On 30.04.2024, petitioner instituted Civil Suit No.114-1/2024 against H.P. Board of School Education, seeking declaration that his actual date of birth is 08.01.1968 and not 07.01.1967, which is recorded in his matriculation certificate.
2(iv). H.P. Board of School Education, the sole defendant, did not contest the civil suit. It was proceeded against ex parte. Vide judgment dated 16.05.2024, th
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.
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.
Passing a decree by the Civil Court against the Education Board, directing correction of date of birth in certificate issued by the School Board, does not entitle the person for correction of entries....
Correction of date of birth in service records is not a matter of right and is subject to procedural and timely constraints, particularly if raised at the fag end of service.
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.
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.
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