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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.VINOD KUMAR
A. Umapathy – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
1. Heard the learned counsel for the petitioner and the learned Special Additional Government Pleader for the respondents and perused the records.
2. The case of the petitioner in brief is that on joining the respondent service on 17.05.1991, he had submitted an application on 16.06.1994, seeking for correction of date of birth entered in his service record, at the time of joining, from 10.06.1961 to 21.12.1963 which is his correct date of birth as per the certificate of birth dated 25.05.1994 issued by the Sub Registrar, Vadipatti, under Section 12/17 of the Registration of Births and Deaths Act, 1969; that despite the petitioner submitting an application seeking correction of date of birth, enclosing therewith the certificate of the Sub Registrar, his date of birth had not been corrected in his service record to the actual date of birth, which action of the respondent, is contended as highly illegal, contrary, causing prejudice to the petitioner, inasmuch as on account of entry of wrong date of birth in his service records, the petitioner would be required to retire from service at an early age.
3. It is the further case of the petitioner that at the time of seeking admissio
Delay in seeking correction of date of birth and lack of conclusive proof can justify rejection of such requests by employment authorities.
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 at the fag end of service cannot be entertained, and finality and certainty in government service matters are crucial.
Timeliness and procedural compliance are critical for corrections in service records related to date of birth under applicable regulations.
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 made at the end of service are not sustainable unless made within prescribed time limits and with clear evidence of error.
Point of Law - As such, unless a clear case on the basis of clinching materials which can be held to be conclusive in nature, is made out by the respondent and that too within a reasonable time as pr....
The court ruled that correction of the date of birth in service records cannot be claimed as a fundamental right, especially after a significant delay, which can adversely affect other employees' opp....
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