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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BENCH
Gurpal Singh Ahluwalia, J.
Kallu Ali – Appellant
Versus
State of M.P. and Ors. – Respondents
WP No. 1260 of 2021
Decided On : 21-01-2021
Date of Birth Correction - Service Book - Rule 84 of the M.P. Financial Code - (2011) 9 SCC 664, 1994 Supp (1) SCC 155, (2006) 6 SCC 537, (2004) 3 SCC 394, (2016) 15 SCC 781 - The court discussed the law governing the correction of date of birth in the service book and emphasized the need for irrefutable proof and adherence to prescribed procedures. The court highlighted the potential impact on promotions and the need to prevent last-minute disputes about date of birth. The judgment emphasized that correction of date of birth should not be entertained at the fag end of retirement and that the onus is on the applicant to prove the wrong recording of date of birth in the service book.
Fact of the Case:
The petitioner filed a petition under Article 226 of the Constitution of India against the order of superannuation based on his date of birth recorded in the service book. The petitioner claimed that his correct date of birth was different from the one recorded in the service book and sought correction.
Finding of the Court:
The court found that the petitioner had never moved an application for correction of his date of birth in the service book. The court also dismissed the Aadhar Card and Nikahnama as evidence of date of birth. The Medical Board's opinion on the petitioner's age was deemed vague and unhelpful. Consequently, the court held that the petition for correction of date of birth in the service book could not be entertained after the petitioner's superannuation.
Issues: The main issue was the correction of the petitioner's date of birth in the service book after his superannuation.
Ratio Decidendi: The court emphasized the need for irrefutable proof and adherence to prescribed procedures for correction of date of birth in the service book. It highlighted the potential impact on promotions and the need to prevent last-minute disputes about date of birth. The judgment also emphasized that correction of date of birth should not be entertained at the fag end of retirement and that the onus is on the applicant to prove the wrong recording of date of birth in the service book.
Final Decision: The petition for correction of date of birth in the service book was dismissed by the court.
JUDGMENT :
Gurpal Singh Ahluwalia, J.
1. This petition under Article 226 of the Constitution of India has been filed against the order dated 16.12.2020 passed by Executive Engineer, Harsi Water Resources Division, District Gwalior by which the petitioner has been superannuated after attaining the age of 62 years.
2. It is submitted by the counsel for the petitioner that his correct date of birth is 5.5.1964 but in the service book, his date of birth was wrongly mentioned as 28.12.1978. The petitioner was appointed by order dated 28.12.1958. At the relevant time, his date of birth was mentioned in the service book as 28.12.1958 on the basis of horoscope. It is submitted by the counsel for the petitioner that the petitioner is Muslim by caste and the horoscope are never prepared in the Muslim caste, therefore, the date of birth recorded in his service book was false. It is further submitted by the counsel for the petitioner that the petitioner is an illiterate person and has not prosecuted his studies. It is further submitted that in the Aadhar Card, the date of birth of the petitioner is mentioned as 7.8.1964. The petitioner got married on 2.7.1985 and in the Nikahnama his age was mentioned as 21 years. It is submitted that since the petitioner was an illiterate person, therefore, in the year 2014 the petitioner was directed to appear before the Medical Board for ascertainment of his age and the Medical Board on 28.5.2014 gave a report that the age of the petitioner is above 35 years.
3. It is accordingly submitted that the act of the respondents in retiring the petitioner w.e.f. 31.12.2020 on the ground that he has attained the age of 62 years is bad in law and, therefore, the said order may be set aside.
4. Per contra, the claim of the petitioner is vehemently opposed by the counsel for the respondents. It is submitted that the petitioner never moved an application for correction of his date of birth and the present petition after the superannuation is not maintainable.
5. Considered the submissions made by the counsel for the parties.
6. Before considering the case in hand it would be appropriate to consider the law governing the correction of date of birth in the service book.
7. The Supreme Court in the case of State of M.P. v. Premlal Shrivas, reported in (2011) 9 SCC 664 has held as under:
8. It needs to be emphasised that in matters involving correction of date of birth of a government servant, particularly on the eve of his superannuation or at the fag end of his career, the court or the tribunal has to be circumspect, cautious and careful while issuing direction for correction of date of birth, recorded in the service book at the time of entry into any government service. Unless the court or the tribunal is fully satisfied on the basis of the irrefutable proof relating to his date of birth and that such a claim is made in accordance with the procedure prescribed or as per the consistent procedure adopted by the department concerned, as the case may be, and a real injustice has been caused to the person concerned, the court or the tribunal should be loath to issue a direction for correction of the service book. Time and again this Court has expressed the view that if a government servant makes a request for correction of the recorded date of birth after lapse of a long time of his induction into the service, particularly beyond the time fixed by his employer, he cannot claim, as a matter of right, the correction of his date of birth, even if he has good evidence to establish that the recorded date of birth is clearly erroneous. No court or the tribunal can come to the aid of those who sleep over their rights (see Union of India v. Harnam Singh).
9. In Home Deptt. v. R. Kirubakaran indicating the factors relevant in disposal of an application for correction of date of birth just before the superannuation and highlighting the scope of interference by the courts or the tribunals in such matters, this Court has observed thus: (SCC p
Court has consistently held that request for change of date of birth in service records at fag end of service is not sustainable.
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 main legal point established in the judgment is the requirement for irrefutable proof and timely requests for correction of date of birth in service records, as well as the limitations on seeking....
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