A public servant cannot claim the correction of their date of birth at the fag end of their service career, especially after decades of acquiescence to the existing service record, as such delayed claims are barred by laches and disrupt administrative seniority.

O R D E R

PRAMOD KUMAR DAS, MEMBER (A):

According to Applicant, his Date of Birth is “16.03.1974”. After being selected through a process of selection held on 30.06.1992, vide order No. 16-31/92-NVS (BPL)/Estt.I/313 dated 02.02.1993; he was appointed as Mess Helper under the Respondents. On the allegations that the applicant got the job by producing false School Leaving Certificate wherein his DOB was shown as ‘10.03.1966’, disciplinary proceedings were initiated against him and the Disciplinary Authority, exonerated him from the allegation thereby accepting the SLC, placed at Annx.A/1, wherein the DOB of the Applicant is shown as “16.03.1974”, vide order dated 10.12.2008, copy of which is placed at Annx.A/2 to the OA. According to applicant, some of the officials of NVS, Hadagarh, Keonjha, intentionally changed his DOB as 10.03.1966 on basis of fake documents to put him in trouble and the Respondents failed to correct his DOB in his service book from 10.03.1966 to 16.03.1974, based on his SLC and report of the Disciplinary Authority. Hence, by filing this OA, the applicant has prayed that this Bench is to hold that the action of the Respondents, in not correcting his DOB, recorded in his Service Book as 10.03.1966, to 16.03.1974.

It is stated that based on the wrong recorded date of birth in his service book, he is going to retire which would cause miscarriage of justice to him. Hence, by highlighted the facts noted above and law laid down in the case of Iswarlal Mohanlal Thakkar vs Paschim Gujarat Vij Company Ltd and Another , in Civil Appeal No. 4558 of 2014 [Arising out of SLP ( C) No. 22798 of 2013] dated 16.04.2014, Learned Counsel for the Applicant has sincerely prayed for allowing the prayer made in this OA.

2. Respondents filed their counter refuting/contesting/ opposing the case of the Applicant and, the stand taken in support thereof in the counter has also been reiterated by the learned counsel appearing for the Respondents. According to the Respondents as per the RR, for direct recruitment to the post of Mess Helper, the age criteria was/is between 18-35 years and the educational qualification is/was (i) Primary Pass; (ii) three years experience of working in Kitchen/Mess. The recruitment process of the said post was initiated by Vidyalaya during the year 1992. During the recruitment process, Applicant submitted a copy TC of Class IX of Gopinath Jew Bidyamandir School, Ambo, Keonjhar dated 25.06.1985 duly attested by Tahasildar, Hatidihi, Keonjhar wherein his DOB was shown as “10.03.1966”, copy placed at Annx.R/4 to counter. He had also submitted a certificate showing his experience to work from 02.12.1986 to 05.02.1991. It is stated that after being selected, based on the said certificate his DOB was recorded in his Service Book as “10.03.1966” which was also acknowledged by him, copy of the first page service book is placed at Annx.R/3, to the counter.

3. According to the Respondents, the applicant himself submitted the Attestation Form on 19.07.2001 mentioning his DOB as “10.03.1966” and the name of school he had studied mentioned as Gopinath Jew Vidya Mandir, Ambo, Dist. Keonjhar. Based on the said Attestation Form, his character and antecedents were verified by the office of the Collector and District Magistrate, Keonjhar. He had on many occasions seen his Service Book and had also signed on the same at different places at different times. He did not object at any point of time that his date of birth recorded in the service book was in any manner wr