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G. S. AHLUWALIA
Urmila Devi – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
G.S. Ahluwalia, J.
Heard on the question of admission.
This petition under Article 226 of the Constitution of India has been filed seeking the following relief(s):-
(b) The respondent no. 4-5 be directed to consider the letter dated 21-1-2002 and correct the date of birth of the petitioner in the official records and permit to continue the petitioner on the said post.
(c) Any other relief which deem fit with the facts or circumstances be granted in the favour of the petitioner.”
2. It is the case of the petitioner, that after the death of her husband, she was granted appointment on compassionate ground and her date of birth was mentioned as 12-6-1959. Thereafter, in the year 2002, she was directed to appear before the Medical Board, who opined that the petitioner appears to be of 40 years. However, by order dated 2-1-2021, it has been observed that the petitioner shall stand retired w.e.f. 30-6-2021 after attaining the age of superannuation. It is submitted that it appears that on the basis of the opinion of the Medical Board, the age of the petitioner was not rect
Requests for correction of date of birth at the fag end of service are not sustainable, as established by various precedents.
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.
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.
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.
Applications for alteration of date of birth after five years should not be entertained, especially at the fag end of the service career, as per the notification and legal precedents.
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.
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