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TMI Blog2014 (2) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... and we do not find any reason to interfere with the same - Decided against petitioner. - Writ Petition No.33483 of 2013 - - - Dated:- 10-12-2013 - N. Paul Vasanthakumar And P. Devadass,JJ. For the Petitioner : Ms. Y. Kavitha ORDER (Order of the Court was made by N. Paul Vasanthakumar,J ) This Writ Petition is filed challenging the order passed by the Central Administrative Tribunal in Original Application No.3989 of 2011 dated 29.6.2011, wherein the petitioner challenged the order dated 18.2.2011 rejecting his request seeking alteration of date of birth and for a direction to the respondents to alter the date of birth of the petitioner as 22.12.1952 instead of 4.6.1951 in his service records, with all consequential benefits and forbear the respondents from superannuating the petitioner before 31.12.2012. 2. The Tribunal, noticing the fact that the petitioner entered into service in Indian Army in the year 1973 and considering the Rule, namely F.R.56, which states that Government servant can seek alteration of date of birth within 5 years of entry into service and the application seeking alteration of date of birth having been filed on the verge of retirement on 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of birth, the general principle of refusing relief on grounds of laches or stale claims, is generally applied to by the courts and tribunals. It is nonetheless competent for the Government to fix a time limit, in the service rules, after which no application for correction of date of birth of a Government servant can be entertained. A Government servant who makes an application for correction of date of birth beyond the time, so fixed, therefore, cannot claim, as a matter of right, the correction of his date of birth even if he has good evidence to establish that the recorded date of birth is clearly erroneous. The law of limitation may operate harshly but it has to be applied with all its rigour and the courts or tribunals cannot come to the aid of those who sleep over their rights and allow the period of limitation to expire. Unless altered, his date of birth as recorded would determine his date of superannuation even if it amounts to abridging his right to continue in service on the basis of his actual age. Indeed, as held by this Court in State of Assam v. Daksha Prasad Deka MANU/SC/0490/1970 : (1971)ILLJ554SC , a public servant may dispute the date of birth as entered in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt or the Tribunal must be fully satisfied that there has been real injustice to the person concerned and his claim for correction of date of birth has been made in accordance with the procedure prescribed, and within the time fixed by any rule or order. If no rule or order has been framed or made, prescribing the period within which such application has to be filed, than such application must be filed within the time, which can be held to be reasonable. The application has to produce the evidence in support of such claim, which may amount to irrefutable proof relating to his date of birth. Whenever any such question arises, the onus in on the applicant, to prove about the wrong recording of his date of birth, in his service book. In many cases it is a part of the strategy on the part of such public servants to approach the Court or the Tribunal on the eve of their retirement, questioning the correctness of the entries in respect of their dates of birth in the service books. By this process, it has come to the notice of this Court that in many cases, even if ultimately their applications are dismissed, by virtue of interim orders, they continue for months, after the date of super ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TATE OF M.P. v. MOHANLAL SHARMA (2002) 7 SCC 719. A similar case as to whether such records can be discarded while considering the date of birth of a Government servant was considered in the decision reported in (2005) 3 SCC 702 [STATE OF PUNJAB Vs. MOHINDER SINGH] and in paragraph Nos. 12 and 13 it has been observed as follows: "12.On the contrary, the statement contained in the admission register of the school as to the age of an individual on information supplied to the school authorities by the father, guardian or a close relative is more authentic evidence under Section 32 clause (5) unless it is established by unimpeachable contrary material to show that it is inherently improbable. The time of one's birth relates to the commencement of one's relationship by blood and a statement therefore of one's age made by a person having special means of knowledge, relates to the existence of such relationship as that referred to in Section 32 clause (5). 13.As observed by this Court in Umesh Chandra v. State of Rajasthan ordinarily oral evidence can hardly be useful to determine the correct age of a person, and the question, therefore, would largely depend on the documents and the n ..... 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