No limitation bars correction of clerical date of birth errors in service records when supported by authentic school documents and board rectification.

ORDER

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act 1985 seeking the following relief:-

“(i) To issue direction to the respondents to correct date of birth of the applicant as 23.12.1964 instead of 10.05.1962.

(ii) To set aside the advice dated 16.01.2013 (Annexure A- 7), given by respondent no. 2.”

2. The brief facts of the case are that the applicant joined the Forests Department on 07.03.1987 as Forest Ranger and at present he is working as Division Officer at Amritsar. The applicant pleaded that his date of birth is 23.12.1964, whereas in the service record his date of birth was mentioned as 10.05.1962 on the basis of his matriculation certificate issued by the Punjab State Education Board (hereinafter referred to as PSEB). On noticing this error in his matriculation certificate, the applicant approached the authorities of PSEB to rectify the mistake. The applicant submitted representation dated 08.10.2012 (Annexure A-6) to respondent no. 4 for issuance of „No Objection Certificate‟ for getting correction of date of birth in matriculation certificate by the PSEB clearly mentioning therein, that in primary and middle school certificate as well as per the record his correct date of birth is 23.12.1964, however, the PSEB while issuing the matriculation certificate has wrongly mentioned it as 10.05.1962. The request of the applicant was not acceded to by the respondents vide communication dated 04.01.2013 and 31.01.2013 (Annexure A-7 colly) on the ground that any correction in date of birth is permissible only within two years of joining the department. However, the PSEB issued a duplicate certificate dated 22.01.2013 (Annexure A-4) wherein his date of birth is mentioned as 23.12.1964. The applicant got served legal notice dated 24.04.2021 (Annexure A-8) upon the respondents for correction of date of birth in the service record on the basis of middle class certificate and the duplicate certificate issued by the PSEB with correct date of birth as 23.12.1964. The respondents did not respond to the legal notice.

3. The contention of the applicant is that as per the record i.e. primary school certificate, middle class certificate (Annexure A-2) and the admission register (Annexure A-1), the date of birth of the applicant is 23.12.1964 which was wrongly mentioned on the matriculation certificate as 10.05.1962. Since it was a clerical mistake, the applicant got it corrected from the PSEB which issued a duplicate certificate dated 22.01.2013 with correct date of birth i.e. 23.12.1964. It is also contended that rejection of applicant‟s claim on the ground of limitation by the respondents is not in consonance with the Rule 2.5 of Punjab Civil Service rules 1994 and Rule 7.3 of Chapter 7 of PF Rules as no period of limitation has been prescribed in the Rules. Reliance has been placed upon a judgment of the Hon‟ble High Court of Punjab and Haryana in the case of State of Punjab Vs. Sat Parkash (RSA No. 1035/2001 decided on 25.07.2022), State of Punjab and Another Vs. Megh Raj Garg (RSA No. 901/1996 decided on 06.09.2002) and a judgment of Hon‟ble Supreme Court in the case of Narinder Kaur Vs. Punjab and Haryana High Court and Others, 2011 (2) SCR 534.

4. The respondents no. 2 to 4 have filed written statement contesting the claim of the applicant. It has been stated therein that the application of the applicant is not within limitation, as per Rule 2.5, Note 3, Vol 1, Part 1, the correctio