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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ajit Kumar
Yagya Narayan Sen – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioner's salary withheld due to date of birth discrepancies. (Para 2 , 3 , 4) |
| 2. investigative process led to salary withholding. (Para 5) |
| 3. arguments on lawful salary withholding procedures. (Para 6 , 7) |
| 4. date of birth in service book upheld. (Para 8 , 9 , 10 , 11) |
| 5. legal principles governing changes to date of birth. (Para 13) |
| 6. third-party complaints insufficient for date of birth change. (Para 14 , 15) |
| 7. writ petition allowed, orders quashed. (Para 16 , 17) |
JUDGMENT :
Ajit Kumar, J.
1. Heard Sri Prabhakar Awasthi, learned counsel for the petitioner and Ms. Akansha Sharma, learned counsel for the respondents and Sri Lokesh Kumar Dwivedi, learned counsel for the complainant.
2. By means of this petition filed under Article 226 of Constitution of India, petitioner has prayed for quashing the order dated 27.11.2019 whereby his salary has been withheld on the ground that upon enquiry/ investigation being conducted into original school record from the institution it transpired that petitioner had got fraudulently recorded his date of birth while entering service as 01.08.1970 whereas the date of birth recorded in the records of the school in front of the name of o
A government employee's date of birth cannot be altered once recorded at service entry if they have not passed high school; notice is required before salary withholding.
The date of birth of a government employee, once recorded in the service book, cannot be changed without a bona fide mistake and proper verification, and any retirement based on an unverified date is....
Requests for changing recorded dates of birth in government service records cannot be entertained at the fag end of service without compelling evidence and adherence to procedural regulations.
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.
Delay in seeking correction of date of birth and lack of conclusive proof can justify rejection of such requests by employment authorities.
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....
The court ruled that inaccuracies in employment records must be rectified to reflect the correct date of birth, ensuring fair treatment of employees.
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.
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