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.

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, the civil suit was decreed and H.P. Board of School Education- defendant was directed to correct the date of birth of the petitioner as 08.01.1968. The judgment was implemented by defendant and date of birth of the petitioner was accordingly changed in his matriculation certificate.

2(v). On the basis of aforesaid judgment & decree and the correction so carried by H.P. Board of School Education in petitioner’s matriculation certificate, the petitioner represented to his employer-HPSEB Ltd. seeking correction of his date of birth in the service record from 07.01.1967 as recorded to 08.01.1968. The respondents rejected the representation on 25.07.2024 (Annexure P-5). Feeling aggrieved, the petitioner has preferred the present writ petition.

3. Heard learned counsel for the parties and considered the case file.

4. Consideration.

4(i). It is an admitted position that prior to May, 2024, petitioner had not represented to his employer for correcting his date of birth in his service record. The first ever representation by the petitioner for correcting his date of birth entry in his service record was filed in May, 2024 i.e. just about seven months prior to his superannuation on 31.01.2025. The petitioner has not demonstrated as to why he did not represent or raised any grievance to his employer for correcting his date of birth in his service record in accordance with Note 6 of Fundamental Rule 56 and Clause 7.1 of Chapter VII of Himachal Pradesh Financial Rules, 1971.

In terms of Note 6 of Fundamental Rule 56 date of retirement of a Government servant, be it 58 years or 60 years, as the case may be, has to be determined with reference to date of birth declared by the Government servant at the time of appointment and accepted by the appropriate authority on production, as far as possible, of confirmatory documentary evidence such as High School Certificate or extracts from the Birth Register. The Note further provides that the date of birth so declared by the Government servant and accepted by the appropriate authority, shall not be subject to any alteration except as specified in this note, as under: -

“Note 6-

(a) a request in this regard is made within five years of his entry into Government service;

(b) It is clearly established that a genuine bona fide mistake has occurred; and (c) the date of birth so altered would not make him ineligible to appear in any School or University or Union Public Service Commission examination in which he had appeared, or for entry into Government service on the date of which he first appeared at such examination or on the date on which he entered Government service.”

Clause 7.1 of Chapter VII of Himachal Pradesh Financial Rules, 1971, provides that declaration of age made by the employee at the time of or for the purpose of entry in