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G. S. SANDHAWALIA, LAPITA BANERJI
Jai Bhagwan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. G.S. Sandhawalia, A.C.J. (Oral)
Consideration in the present appeal is to the judgment dated 05.03.2024 passed by the Learned Single Judge in CWP-3299-2024 whereby the writ petition was dismissed upholding the order dated 25.07.2017 (Annexure P-6) passed by the State whereby the request for change of date of birth had been rejected.
2. Counsel for the appellant has vehemently submitted that there was a Civil Court decree dated 10.06.2006 (Annexure P-4) in his favour and therefore, the order passed by the State was not justified.
3. The Learned Single Judge noticed that correction in the date of birth of an official was to be done within 2 years of service. The appellant joined the service in the year 1989 and got the date of birth corrected by the Civil Court by a decree which was passed in the year 2006 and it was in ignorance of the rules governing the service in question. The decree did not entitle the appellant to get his date of birth changed and the same is contrary to the provisions of the rules governing the service. Reliance was placed upon the judgment passed by the Apex Court in Bharat Coking Coal Ltd. & others v. Shyam Kishore Singh, 2020 (3) SCC 411. Result
The court affirmed that applications for correction of date of birth must be made within two years of service entry, and delays undermine service integrity and affect junior employees' promotions.
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 correction of date of birth in service records must be timely; delay can invalidate claims, even with evidence.
The court ruled that claims for correction of date of birth in service records, particularly at the fag-end of service, are not a matter of right and can be rejected due to delay and lack of proper e....
(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....
Applications for correction of date of birth in service records can be rejected on grounds of delay and lack of irrefutable proof, especially when made at the fag-end of service.
Requests for correction of recorded date of birth at the end of service are usually unsustainable due to delay and must meet strict procedural requirements.
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