Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Rajesh Pradhan – Appellant
Versus
The Union of India - Respondent
W.P.(S) No. 2226 of 2019
Decided on : 16-05-2023
Date of Birth Correction - Service Record - All India Services (Death-cum-Retirement Benefits) Rules, 1958 - Rule 16-A
Fact of the Case:
The petitioner filed a writ petition seeking correction of his date of birth in his service record. The petitioner's correct date of birth was 29.12.1976, but it was erroneously recorded as 06.12.1975. The petitioner had previously filed a declaratory suit, which was decided in his favor, and subsequent appeals against the decision were dismissed. The petitioner's request for correction in his service record was not complied with by the respondents.
Finding of the Court:
The court rejected the objection to the maintainability of the writ petition and held that the respondents were bound by the judgment and decree passed in the declaratory suit. The court directed the competent authority to correct the petitioner's date of birth in his service record within two months in accordance with the previous judgments.
Issues: The main issue was the correction of the petitioner's date of birth in his service record, which was in dispute due to conflicting records and previous legal proceedings.
Ratio Decidendi: The court held that the respondents were bound by the previous judgment and decree in the declaratory suit, and the petitioner's request for correction of date of birth should be granted in accordance with the previous judgments.
Final Decision: The writ petition was allowed, and the competent authority was directed to correct the petitioner's date of birth in his service record within two months in accordance with the previous judgments.
JUDGMENT :
The present writ petition has been filed for issuance of direction upon the concerned respondents to insert the correct date of birth of the petitioner i.e. 29.12.1976 instead of 06.12.1975 in his service book in terms with the judgment and decree dated 09.10.2009 & 30.10.2009 respectively passed in Title Suit No. 125/2003 which was affirmed by the Appellate Court vide judgment and decree dated 16.04.2015.
2. Learned counsel for the petitioner submits that the petitioner, during filing of the writ petition, was posted as the Deputy Inspector General of Police/Additional Police Commissioner, Mumbai. At the time of getting admission in Navodaya Vidyalaya, Masaria, Gumla, the petitioner’s date of birth was wrongly entered in the school record as 06.12.1975 whereas his correct date of birth was 29.12.1976. As soon as the said mistake came to the notice of the petitioner’s father, he executed an affidavit in the month of November, 1990 to the effect that the correct date of birth of his son was 29.12.1976 instead of 06.12.1975. Though a representation in this regard was also made to the Principal of the said school on 28.06.1996, yet no positive step was taken by the school administration in that regard. Thereafter, a writ petition being C.W.J.C No. 1932/97(R) was filed before the Patna High Court (Ranchi Bench) stating that the Principal of the said school had not considered the earlier representation filed by the petitioner and further submitting that he would file a fresh representation making out a case of correction of age. The said writ petition was disposed of on 14.09.1998 directing the Principal of the school to dispose of the petitioner’s fresh representation for correction of his age within two months from the date of filing of the same. Pursuant to the said direction, the petitioner filed a representation, however, the concerned respondent did not comply the said order by disposing of the representation. Subsequently, the petitioner filed a contempt petition being M.J.C. No. 104/2001 before this Court against non-compliance of the order dated 14.09.1998 which was finally disposed of granting liberty to the petitioner to approach the competent Civil Court on that issue.
3. The petitioner thereafter filed a declaratory suit being Title Suit No. 125/2003 which was finally allowed in his favour vide judgment and decree dated 09.10.2009 & 30.10.2009 respectively passed by the Court of the Additional Munsif-I, Ranchi holding that he was entitled for a declaration that his date of birth was 29.12.1976 and not 06.12.1975. The petitioner thereafter filed a representation on 26.04.2010 before the Sr. Deputy Assistant (Establishment), Office of the Director General of Police, Mumbai, Maharashtra for correction of his date of birth upon which the said authority after making positive recommendation in terms with the judgment and decree passed in Title Suit No. 125/2003, referred it to the Additional Chief Secretary, Home Department, Government of Maharashtra, Mumbai vide letter dated 22.06.2010. In the meantime, aggrieved with the judgment and decree dated 09.10.2009 & 30.10.2009 respectively, the defendant/Union of India & others preferred an appeal being Title Appeal No. 54/10 before the Judicial Commissioner, XVII, Ranchi, however, the same was dismissed vide judgment and decree dated 16.04.2015 upholding the same.
4. The petitioner then filed Execution Case No. 07/2010(B) which was dismissed vide order dated 4.10.2018 observing that the said title suit was a declaratory one and hence it could not be executed. It is further submitted that during pendency of the suit before the Civil Court regarding correction in the petitioner’s date of birth, he was appointed as an Officer of Indian Police Service in Maharashtra Cadre in the year 2003 and his date of birth was entered in his service record as 06.12.1975 as per his academic record. The petitioner as well as his father tried for suitable correction in the date of birth by f
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....
A writ petition is not maintainable for the correction of a date of birth in a service record if the petitioner fails to approach the court within a reasonable time and lacks unimpeachable evidence t....
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.
The request for correction of date of birth in Government service should be made within the stipulated period of five years from the entry into that particular service, and an inordinate delay in see....
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
