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2003 Supreme(All) 53
IN THE HIGH COURT OF ALLAHABAD
Rakesh Tiwari, J.
SMT. BHANMATI - Appellant
Versus
STATE OF U. P. - Respondents
C. M. W. P. 20345 Of 1992
Decided On : 01/10/2003
B.P.SINGH, U.K.Pandey
The date of birth recorded in the service book is final and cannot be disturbed on a subsequent plea by the employee.
Headnote:
Date of Birth - Government Service - V. P. Recruitment Service (Determination of the Date of Birth) Rules, 1974 - Rule 2
Fact of the Case:
The petitioner, a government servant, contested the notice of retirement based on the recorded date of birth in her service book, which was deemed to be the correct date of birth as per Rule 2 of the V. P. Recruitment Service Rules.
Finding of the Court:
The court dismissed the writ petition, upholding the impugned notice of retirement, as any change in the date of birth after entry into service cannot be the basis for retirement.
Issues: Validity of notice of retirement based on recorded date of birth, admissibility of medical certificate for age determination, and the relevance of the Kutumb Register entry.
Ratio Decidendi: The date of birth recorded in the service book of an employee is final and shall be taken to be the correct date of birth. Any change in the date of birth after entry into service cannot be the basis for retirement.
Final Decision: The writ petition was dismissed, and the petitioner was deemed to have retired from service based on the entry in the service book as 1. 7. 1934.
( 1 ) HEARD learned counsel for the parties.
( 2 ) THIS writ petition arises out of notice of retirement dated 21st April, 1992, informing the petitioner that according to the date of birth entered in her service book as 1. 7. 1934 on the basis of entry in the kutumb register, she would be attaining the age of 58 years on 30. 6. 1992.
( 3 ) THE petitioner was given a compassionate appointment as Chhetra Sahayak in place of her husband under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in harness Rules, 1974, who was posted as Deputy Forest Ranger. He died during the employment on 23. 1. 1990 in a truck accident.
( 4 ) IT is submitted by the learned counsel for the petitioner that the petitioner did not have school education, hence she was asked to give fitness/age certificate from Chief Medical Officer at the time of joining of service. Chief Medical Officer, Basti, issued said certificate stating her age as 45 years at the time of joining. Photo-stat copy of the said certificate, Annexure-4 to the writ petition is as under :
"certificate of Fitness For Government Service" (See Rule 10 of Fundamental Rules)I do hereby certify that I have examined Smt. Bhanmatt Devi a candidate for appointment in the forest Department and cannot discover any constitutional weakness or bodily infirmity except n. D. I do not consider this a disqualification for appointment in the forest department. Candidatess age according to his/her statement is 45 years and by appearance forty-five years. Vaccinated for small pox. Signature attested : sd. Illegiblechief Medical Officer, officer. Sd. Illegiblechief Medical basti Basti dated :"
( 5 ) THE petitioner is a Government servant. Rule 2 of the V. P. Recruitment Service (Determination of the Date of Birth) Rules, 1974, applies to her case, which reads as follows :
"2. Determination of correct date of birth or age.--The date of birth of a Government servant as recorded in the certificate of his having passed High School or equivalent examination at the time of his entry into the Government service or where the Government servant has not passed any such examination as aforesaid or has passed any such examination after jointing the service, the date of birth of the age recorded in his service book at the time of his entry into the government service shall be deemed to be his correct date of birth of age as the case may be for all purposes in relation to his service including eligibility for promotion, superannuation, premature retirement or retirement benefits and no application or representation shall be entertained for correction of such date or age in any circumstances whatsoever. "
( 6 ) THE validity of these Rules has not been challenged in the writ petition. A perusal of Rule 2 clearly stipulates that no application or representation shall be entertained for correcting any date or age record and the entry made in the service book shall be deemed to be the correct date of birth. The plea of the petitioner that her date of birth was wrongly recorded is highly belated and has been taken after she has received notice of superannuation.
( 7 ) COUNSEL for the petitioner states that she had joined the service of forest department on 21. 5. 1990 and it was expected that her age should be entered in her service record as 1945 on the basis of medical certificate. It is further submitted that on coming to know for the first time on receipt of notice dated 21. 4. 1993 that her date of birth is recorded as 1,7. 1934, she made an application for correction of the entry in the kutumb registrar maintained under the U. P. Panchayat Raj Act in the village of her husband. After enquiry the A. D. O. , Panchayat corrected the entry in the Kutumb Register vide order dated 30. 6. 1992 correcting date of birth of the petitioner from 1934 to 1945. A copy of the corrected kutumb register has been filed as annexure-5 to the writ petition.
( 8 ) AFTER the correction was made, the petiti
