IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI

nd

ON THE 2 OF FEBRUARY, 2026 WRIT PETITION No. 3826 of 2026 PARAMJEET SINGH Versus STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Hardayesh Kumar Shukla - learned counsel for the petitioner.

Shri Dharmendra Nayak- learned Government Advocate for the respondents/State.

ORDER

1. The petitioner has filed this writ petition praying for a direction to the respondents to correct his date of birth and permit him to continue up to

15/03/2026 in service.

2. It is gathered from the records that the petitioner entered into service as Constable on 11/11/1982. As per his application dated 19/09/2025 (Annexure- P/6) based upon his Middle School marksheet, his date of birth is recorded in the service book as 15/01/1964. Whereas as per the petitioner's submission his correct date of birth is 15/03/1962. There is difference of two months.

3. It is the case of the petitioner that he requested for correction of his date of birth on 01/01/2016 but no action was taken. He has again made an application on 19/09/2025 (Annexure P/5) and 16/01/2026 (Annexure- P/7).

Learned counsel for the petitioner submitted that correct date of birth of the petitioner is 15/03/1964 whereas it was incorrectly recorded in the service book as 15/01/1964. He, thus, submitted that since the petitioner has requested for correction of his date of birth on 01/01/2016, respondents were required to correct the same.

4. Considered the arguments on admission.

5. Before adverting to the facts of this case, it is profitable to refer to Rule 84 of M.P. Financial Code which provides for recording of date of birth of a Government servant and its correction. Rule 84 of M.P. Financial Code provides as under:-

"84. Every person newly appointed to a service or a post under Government should at the time of the appointment declare the date of his birth by the Christian era with as far as possible confirmatory documentary evidence such as a matriculation certificate, municipal birth certificate and so on. If the exact date is not known, an approximate date may be given. The actual date or the assumed date determined under Rule 85 should be recorded in the history of service; Service book or any other record that may be kept in respect of the Government servant's service under Government. The date of birth, once recorded in this manner, must be deemed to be absolutely conclusive, and except in the case of a clerical error no revision of such a declaration shall be allowed to be made at a later period for any purpose whatever."

6. Thus, once the date of birth of a government servant is recorded as per Rule 84 of the M.P. Financial Code, it is final and the same is not liable to be changed subsequently particularly at the end of his service career. The Apex Court has considered this aspect in the case of State of M.P. Vs. Premlal Shrivas reported in (2011)9 SCC 664 wherein the Apex Court held in para 8 & 14 as under:

"8. It needs to be emphasised that in matters involving correction of date of birth of a government servant, particularly on the eve of his superannuation or at the fag end of his career, the court or the tribunal has to be circumspect, cautious and careful while issuing direction for correction of date of birth, recorded in the service book at the time of entry into any government service. Unless the court or the tribunal is fully satisfied on the basis of the irrefutable proof relating to his date of birth and that such a claim is made in accordance with the procedure prescribed or as per the consistent procedure adopted by the department concerned, as the case may be, and a real injustice has been caused to the person concerned, the court or the tribunal should be loath to issue a direction for correction of the service book. Time and again this Court has expressed the view that if a government servant makes a request for correction of the recorded date of birth after lapse of a long time of his i