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SANJEEV KUMAR, PUNEET GUPTA
Nazir Ahmad Ganaie – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. This petition filed under Article 226 of the Constitution of India is directed against the judgement and order dated 28th February, 2023, passed by Central Administrative Tribunal, Srinagar Bench ("Tribunal") in a TA No. 9063/2020, titled Nazir Ahmad Ganie v. State of J&K & Ors.
2. The Tribunal, by judgement aforementioned, impugned in this petition, has dismissed the petition preferred by the petitioner seeking a direction to the respondents to rectify and correct his date of birth recorded in his service book as 16th March, 1963, instead of 16th March, 1964.
3. The petitioner, as is discernible from perusal of the record on the file, was initially appointed as Orderly in the Directorate of State Motor Garages Department on 26th October, 1985. He joined his services on 28th October, 1985. He was subsequently promoted to the post of Junior Assistant and thereafter to the post of Senior Assistant in the year 1989 and 1997, respectively. At the time of his appointment and joining as Orderly in the Directorate of State Motor Garages, the petitioner had got his date of birth recorded as 16th March, 1963, on the edifice of the Matriculation Certificate issued by the State Bo
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....
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.
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....
Applications for correction of date of birth in service records must be timely; delay can invalidate claims, even with evidence.
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 court ruled that claims for correction of date of birth in service records, particularly at the fag-end of service, are not a matter of right and can be rejected due to delay and lack of proper e....
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