9911796707
TMI Blog2014 (2) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 30.6.2011, dismissed the Original Application as well as the Review Application filed by him. 3. The only grievance expressed by the petitioner is that on 4.8.1995, he submitted a representation before the Income Tax Department, where he was employ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n service stands decided by its entry in the service record. A Government servant who has declared his age at the initial stage of the employment is, of course, not precluded from making a request later on for correcting his age. It is open to a civil servant to claim correction of his date of birth, if he is in possession of irrefutable proof relating to his date of birth as different from the one earlier recorded and even if there is no period of limitation prescribed for seeking correction of date of birth, the Government servant must do so without any unreasonable delay. In the absence of any provision in the rules for correction of date of birth, the general principle of refusing relief on grounds of laches or stale claims, is generall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice record is first corrected consistent with the appropriate procedure. A public servant may dispute the date of birth as entered in the service record, and may apply for correction of the record. But until the record is corrected, he cannot claim that he has been deprived of the guarantee under Article 311(2) of the Constitution by being compulsorily retired on attaining the age of superannuation on the footing of the date of birth entered in the service record." 5. Again in the decision reported in 1994 Supp (1) SCC 155 [SECRETARY AND COMMISSIONER, HOME DEPARTMENT AND OTHERS Vs R.KIRUBAKARAN], wherein in paragraph No.7, it has been held as follows: "7.An application for correction of the date of birth should not be dealt with by the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. 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 proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bility for a responsible office. In fact where maturity is a relevant factor to assess suitability, an older person is ordinarily considered to be more mature and therefore, more suitable. In such a case, it cannot be said that advantage is not obtained by a person because of an earlier date of birth, if he subsequently, claims to be younger in age, after taking that advantage. In such a situation, it would be against public policy to permit such a change to enable longer benefit to the person concerned. This being so, we find it difficult to accept the broad proposition that the principle of estoppel would not apply. In such a case where the age of person who is sought to be appointed may be relevant consideration to assess his suitability ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... largely depend on the documents and the nature of their authenticity. Oral evidence may have utility if no documentary evidence is forthcoming. Even the horoscope cannot be reliable because it can be prepared at any time to suit the need of a particular situation. Entries in the School register and admission form regarding date of birth constitute good proof of age. There is no legal requirement that the public or other official book should be kept only by a public officer and all that is required under Section 35 of the Evidence Act is that it should be regularly kept in discharge of official duty. In the instant case the entries in the school register were made ante litem modam." 8. It is a settled position that horoscope is a secondary ..... X X X X Extracts X X X X X X X X Extracts X X X X
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