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TASHI RABSTAN, MOKSHA KHAJURIA KAZMI
State of J&K – Appellant
Versus
Nighat Parveen – Respondent
JUDGMENT :
TASHI RABSTAN, J.
1. This intra Court appeal is directed against the Judgment and Order dated 27th of September, 2018 passed in SWP No. 1235/2017, whereby the learned Single Judge has allowed the Writ Petition filed by the Writ Petitioner/Respondent herein and directed the Writ Respondents/Appellants herein to enter the Date of Birth of the Writ Petitioner/ Respondent herein in the service record in accordance with her Date of Birth recorded in the Matriculation certificate issued by the Board of School Education.
2. The brief facts of the case, as emerge from the pleadings on record, are that the Writ Petitioner/Respondent herein came to be engaged on temporary basis as Assistant Craftsman for Paper Machine Training Centre, Gilkadal, Srinagar vide Order No. 58-HDT of 1978 dated 2nd of February, 1978. Thereafter, the Writ Petitioner/Respondent herein came to be appointed as Craft Instructor in the year 1992 on substantive basis and, subsequently, was promoted to the post of Senior Craft Instructor. The Writ Petitioner/ Respondent herein pleaded that in the year 2014, when the records were being re-checked after the Kashmir Valley was hit by floods, she came to know that her
The central legal point established in the judgment is that delay and laches in seeking correction of the Date of Birth in the service record, coupled with the prior acceptance of the recorded Date o....
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.
If there is good evidence to establish that recorded date of birth is erroneous, correction cannot be claimed as a matter of right.
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 at the fag end of service cannot be entertained, and finality and certainty in government service matters are crucial.
A government servant's date of birth can be corrected if the request is made within five years and does not affect eligibility for examinations, supported by a valid Birth Certificate.
Applications for correction of date of birth in service records must be timely; delay can invalidate claims, even with evidence.
Requests for correction of date of birth in service records at the fag end of one's career are impermissible and must demonstrate timely claims to avoid disrupting promotion rights of others.
The court held that corrections to recorded dates of birth in service records are contingent upon timely applications and irrefutable evidence; delays over two decades are inherently fatal to claims.
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