9911796707
TMI Blog2005 (7) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... on 2.1.1972. In the service records the date of birth was indicated to be 1.9.1930. By order dated 31.1.1991 the Executive Engineer-appellant no.2 intimated the respondent-employee that he had superannuated on 30.9.1990 having completed 60 years of age. It was indicated that by mistake he was allowed to work for three months more and paid, and, therefore, direction was given to refund the amount. The said order dated 31.1.1991 was challenged by the respondent in a writ petition. His stand was that according to the school records his date of birth was 1.9.1939 and without any opportunity he had been pre- maturely retired nine years earlier. It appears that the High Court directed production of the service records. By the impugned order date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim about his birth. At no point of time the respondent-employee had questioned the correctness of the entry made in the service book. After the order was passed on 31.9.1991 for the first time he produced a document, which was issued after the order dated 31.1.1991. All these according to him render High Court's judgment unsustainable. There is no appearance on behalf of the respondent in spite of the service of notice. Normally, in public service, with entering into the service, even the date of exit, which is said as date of superannuation or retirement, is also fixed. That is why the date of birth is recorded in the relevant register or service book, relating to the individual concerned. This is the practice prevalent in al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not on what the respondent claimed to be his date of birth, unless the service record is first corrected consistently with the appropriate procedure. In the case of Government of Andhra Pradesh v. M. Hayagreev Sarma (1990 (2) SCC 682) the A.P. Public Employment (Recording and alteration of Date of Birth) Rules, 1984 were considered. The public servant concerned had claimed correction of his date of birth with reference to the births and deaths register maintained under the Births, Deaths and Marriages Registration Act, 1886. The Andhra Pradesh Administrative Tribunal corrected the date of birth as claimed by the petitioner before the Tribunal, in view of the entry in the births and deaths register ignoring the rules framed by the State G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the service roll accepting his date of birth as November 27, 1928. The said respondent did not take any step nor made any representation for correcting his date of birth till September 9, 1986. In case of Union of India v. Harnam Singh (1993(2) SCC 162) the position in law was again re- iterated and it was observed: 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 seekin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im only plausible. Before any such direction is issued or declaration made, the Court 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, then such application must be within at least a reasonable time. The applicant 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 is on the applicant, to prove about the wrong recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. These aspects were also reiterated in State of U.P. and Ors. v. Gulaichi (Smt.) (2003 (6) SCC 483 and State of Punjab and Ors. v. S.C. Chadha (2004) (3) SCC 394). The High Court has clearly erred in holding that the service book was not produced. As the records reveal along with the affidavit a copy of original service book was filed. The documents have also been annexed in the present appeal. As is clearly evident from the copy of the service book, more particularly the respondent-employee had on 27.4.1977, signed the service book which contained his date of birth as per Christian era. Additionally, the documents referred to above indicated the date of birth to be 1.9.1930. This was also not challenged at any time. Above being ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
