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SUBODH ABHYANKAR
Mahesh Tanwar – Appellant
Versus
Nanji Deshmukh Pashuchikitsa Vigyan Vishwa Vidyalaya Jabalpur – Respondent
ORDER :
1] Heard.
2] This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-
b. Appropriate Writ, Direction or order in the nature of mandamus or other, all the proceedings of the Respondents on the subject matter negating the plea for correction of Petitioner's date of birth in the service record be quashed.
c. Appropriate Writ, Direction or order in the nature of mandamus or other, the Respondents be directed to correct the Petitioner's date of Birth in the service record by entering his correct date of Birth, which is 09.12.1964.
d. Appropriate Writ, Direction or order in the nature of mandamus or other, the Respondents be directed to confer all the service benefit including the superannuation, to the Petitioner by acting and treating his actual date of birth to be "09.12.1964?.
e. Costs of this Petition be awarded.
f. Any other appropriate relief, which this Hon'ble court may deem fit, be awarded to the Petitioner.”
3] The petitioner is aggrieved by the order dated 23.11.2023, whereby it h
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.
Applications for correction of date of birth in service records must be timely; delay can invalidate claims, even with evidence.
(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....
Correction of date of birth in service records is not a matter of right and is subject to procedural and timely constraints, particularly if raised at the fag end of service.
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.
The court ruled that corrections to an employee's recorded date of birth must be made promptly and substantiated by irrefutable evidence, especially when requested at the end of service.
The main legal point established in the judgment is that applications for correction of date of birth in service records must be reasonable and timely. The delay in seeking correction, absence of irr....
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