LI Network
Published on: February 1, 2024 at 13:00 IST
The Telangana High Court has held that the correction of the date of birth in service records cannot be claimed as a matter of right.
The Court emphasized that alterations based on judgments, decrees, or orders of a Civil Court are not permitted under the Public Employment (Recording and Alteration of Date of Birth) Rules, 1984.
In a case brought before a Division Bench comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, the Court rejected a writ petition filed by an individual whose request for a change in date of birth was declined by the Administrative Committee.
The court stated, “This Court is of the opinion that the application for a change of date of birth made by the petitioner cannot be considered. Rules, 1984 do not permit the alteration of the date of birth entered in the service records. The entries made by the employee are final and binding, and the employee is estopped from disputing the correctness of the date of birth. Rules do not permit the alteration of the date of birth on the basis of any judgment, decree, or order of a Civil Court, and no indulgence can be shown.”
The petitioner sought a declaration of his date of birth as March 29, 1953, instead of July 1, 1949. Despite winning a suit before the District Munsif for the alteration of the date of birth, the Administrative Committee rejected the request. The High Court had earlier allowed the writ petition, but the decision was appealed to the Supreme Court.
The apex Court directed the High Court on the administrative side to determine the date of birth. The Administrative Committee, following a judge’s report, confirmed the original date of birth, leading to the current appeal.
The Court observed, “Disputes with regard to a change of date of birth in service records have been considered by various High Courts and the Hon’ble Apex Court. It is settled law that ‘correction of the date of birth cannot be claimed as a matter of right.'”
The Court emphasized that entertaining the claim for correction of the date of birth would frustrate the objective behind the Rules, 1984. It stated that the onus is on the applicant to prove the incorrect recording of the date of birth in the service records, and in this case, the petitioner failed to do so.
The Court concluded that permitting the correction of the date of birth in service records would create an incongruous situation with different dates recorded in school records, HSSLC, and service records.
Therefore, the High Court dismissed the writ petition.
Case Title: Sanyasi Rao v. The High Court of Andhra Pradesh
