Back
RAJNESH OSWAL, PUNEET GUPTA
Union Territory of J&K – Appellant
Versus
Gopal Krishan – Respondent
JUDGMENT
Oswal, J. - The order dated 01.09.2020 passed by the Central Administrative Tribunal allowing the OA No. 061/0196/2020 titled, Gopal Krishan vs. Union Territory of J&K and others, whereby the petitioners were directed to treat the date of birth of the respondent as 15.09.1968 instead of 15.09.1960 and carry out necessary correction with regard to the date of birth as 15.09.1968 in all relevant documents and service book of the respondent, has been impugned by the petitioners on the ground inter alia that the order impugned has been passed in complete negation of Rules 192 and 193 of the Police Rules, as also in utter disregard of the Article 35-AA(c) of the Jammu and Kashmir Civil Service Regulations, 1956, that prescribes a period of five years for seeking the correction of the date of birth after entering into the service. It is also stated that the respondent all along was having the knowledge of the entries made in his character roll in light of the abovementioned Police Rules and now after a gap of 25 years cannot seek the correction of date of his birth.
2. Objections stand filed by the respondent in which it has been stated that in the Recruit Register maintained in t
The main legal point established in the judgment is that the rules invoked by the petitioners regarding the date of birth were not applicable, as the petitioners' own records acknowledged the correct....
The date of birth declared by the government servant and accepted by the appointing authority is unalterable except in the case of a clerical error, and there are limitations for seeking rectificatio....
Applications for correction of date of birth at the fag end of service cannot be entertained, and finality and certainty in government service matters are crucial.
The main legal point established in the judgment is that the date of birth as accepted by the Central Government shall not be subject to alteration, except in cases of bonafide clerical mistake. The ....
The main legal point established in the judgment is that the date of birth as accepted by the Central Government shall not be subject to alteration, except in case of a bonafide clerical mistake, and....
No limitation bars correction of clerical date of birth errors in service records when supported by authentic school documents and board rectification.
Applications for change of date of birth in service records must comply with procedural rules and be made within five years of joining service; failure to do so results in denial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
