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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, J
Ghulam Nabi Sofi – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
1. This is a Civil Second Appeal against judgement and decree dated 28th June 2014, passed by Additional District Judge, Srinagar (for short “1st Appellate Court”) in Civil First Appeal bearing File no.30/Appeal titled as Ghulam Nabi Sofi v. State of J&K and others, as also against judgement and decree dated 31st December 2012 passed by 1st Additional Munsiff, Srinagar (for short “Trial Court”) in a civil suit bearing File no.238/Numbree titled as Ghulam Nabi Sofi v. State of J&K and others, and for setting-aside both the judgements.
2. I have heard learned counsel for parties and considered the matter.
3. Appellant’s case is that he was born on 31st December 1958. However, his date of birth has been wrongly shown in his service record as 3rd January 1953. His date of birth had been made at the instance of his illiterate parents. He believed that incorrect date of birth of 1953 was correct, but when he learned from school records of his elder brother and other record maintained by Registrar, Births and Deaths, he came to know that his actual and correct date of birth is 1958 instead of 1953, he approached Registrar Births & Deaths for issuance of Date of Birth Certificate.
Changes to recorded dates of birth in service records cannot be claimed as a matter of right and must comply with established regulations, particularly after a significant delay.
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.
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.
Applications for correction of date of birth in service records must be timely; delay can invalidate claims, even with evidence.
Delay in seeking correction of date of birth and lack of conclusive proof can justify rejection of such requests by employment authorities.
(1) Application for change of date of birth can only be as per the relevant provisions/regulations applicable.(2) Even if there is cogent evidence, same cannot be claimed as a matter of right.(3) App....
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....
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