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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND SINGH BAHRAWAT
Gajadhar Prasad Kushwah – Appellant
Versus
Madhya Pradesh Madhya Kshetra Vidyut Vitran Co.Ltd. – Respondent
ORDER :
With the consent of the parties, the matter is heard finally.
2. This petition has been filed under Article 226 of the Constitution of India by the petitioner seeking following relief(s):-
(i) That, the respondents be directed to record correct date of birth of the petitioner in his service roll on the basis of mark-sheet of Higher Secondary School Certificate Examination, which is the source to get employmentas Office Assistant Grade-III.
(ii) That, the order dated 21.3.2014 (Annexure- P/13) passed by the respondents superannuating the petitioner may kindly be quashed, which has been issued based on date of birth recorded in Middle School mark-sheet and be further directed to allow the petitioner to continue in service August, 2019 as per his actual date of birth.
(iii) That, any other relief which is suitable in the facts and circumstances of the case in favour of the petitioner including the costs throughout may also be granted.
3. Learned counsel for the petitioner submits that he petitioner entered into the employment initially as Attendant Grade-II (Line) vide order dated January, 1986, wherein the necessary qualification is mentioned as 8th Pass. It is further submitted th
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 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 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 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.
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.
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