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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA SHRIPAD DIXIT, CHITTARANJAN DASH
State of Odisha – Appellant
Versus
Meena Kumari @ Meena Kumari Rout – Respondent
JUDGMENT :
KRISHNA SHRIPAD DIXIT, J.
1. This Appeal by the State & its officials seeks to call in question a learned Single Judge’s order dated 18.10.2023 whereby Respondent’s W.P.(C) No.23169 of 2023 having been favoured, the order dated 27.12.2022 made by Appellants herein superannuating her on 10.10.2023 has been quashed. A direction has also been issued to the Appellants herein to continue her in service till she attains retirement age on the basis of her date of birth as entered in the Matriculation Certificate, i.e, ‘10.10.1965’. In other words, the other date, namely, ‘10.10.1963’ allegedly entered in the Service Register wrongly is to be ignored.
2. Learned AGA Mr.Jee representing the Appellants vehemently argues that the date ’10.10.1963’ was entered in the Service Register on the instruction given by the Respondent-employee herself; the said entry continued throughout; her request for alteration of the date of birth in the Service Register having been made belatedly was rightly rejected in terms of the extant Rules; that being the position, learned Single Judge grossly erred in granting relief to the Respondent.
3. Learned counsel appearing for the Respondent makes submission
The court confirmed that a government servant's date of birth in service records governs retirement rights, and requests for changes must be made within legally established time limits, regardless of....
A government servant can seek correction of the date of birth in service records based on irrefutable proof despite any absence of explicit limitation, as long as the request is made without unreason....
If there is good evidence to establish that recorded date of birth is erroneous, correction cannot be claimed as a matter of right.
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