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TMI Blog1996 (4) TMI 499X X X X Extracts X X X X X X X X Extracts X X X X ..... 82 to the Andhra Pradesh state Government, the cadre to which he has been assigned, for changing his date of birth to 15th June, 1941. In the said application it was, inter alia, stated that after the demise of his mother, while going through various papers in his house, he round from his horoscope that his date of birth which was written in Tamil corresponded to 15th June, 1941. He also stated that he had obtained extracts from the record of birth from sub- Registrar s office which indicated that his date of birth was 15th June, 1941. Accordingly he requested that his date of birth be altered from 17th June, 1939 to 15th June. Vide memorandum dated 20th October, 1982 respondent was informed by the state Government that his request for alteration of his date of birth could not be agreed to. Thereafter the respondent wrote a letter dated 1st December, 1982 to the Director General and Inspector General of Police. Andhra Pradesh requesting him to ask the state Government to forward to the Government of India a representation for correcting his date of birth. To this letter the respondent received a memorandum dated 11th March, 1983 from the chief Secretary, Andhra Pradesh to the ef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epresentation. Having failed to get relief from the government the respondent filed OA No.383 of 1994 before the Hyderabad Bench of the Central Administrative Tribunal requiring it to direct the alteration of his date of birth to 15th June, 1941. On behalf of the appellants herein, apart form contending that no case had been made out for agreeing to the change in the date of birth, reliance was placed on Rule 16A which had been amended vide notification dated 7th June, 1978 and it was submitted that the date of birth as recorded in the service book had to be accepted as final and correct. By an involved reasoning the Tribunal came to the conclusion that sub-rule (4) and (5) of the 1971 Amendment Rules continued t apply to pre 1971 new Rule 16A in 1978 and under the 1971 Rules no determination with regard to the date of birth of the respondent had taken place. The Tribunal accordingly directed the appellants herein to determine his date of birth after giving the respondent an opportunity to place the necessary material available with him. It was further directed that in case it was found that the date of birth of the respondent herein had to be altered from 17th June, 1939 the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 65; The date of birth as declared by such person in the application for recruitment to the service shall in the absence of any cogent evidence to the contrary be accepted by the central Government on the dated of birth of such person. (3) The date of birth in relation to a person to whom sub rule (2) does not apply and who is appointed to the service after the commencement Benefits) Amendment Rules 1971 shall be determined in the following manner, namely, (a) every such member shall within one moth of the date on which he joins the service make a declaration as to the date of his birth. (b) On receipt of a declaration made under clause (a) the central Government shall after making such inquiry as it may deem fit with regard to the declaration and after considering such evidence, if any, as may be accepted in support of the said declaration make an order within four months from the date on which such member had joined the service determining the date of birth of such member. (4) [a] Every member of the service holding office immediately before the commencement of the All India services (Death-cumretirement Benefits) Amendment Rules 1971 shall within three months fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rule (2) does not apply, the date of birth as recorded in the service book or other similar official document maintained by the concerned government shall be accepted by the central Government, as the date of birth of such person. (4) The date of birth as accepted by the Central Government shall not be is established that a bona fide clerical mistake has been committed in accepting the date of birth under sub rule (2) or (3). For the view which we are taking it is not necessary to decide whether the application of the respondent before the Tribunal was time barred because, in our opinion, on a correct interpretation of the said rules no relief could have been granted to the respondent. The respondent had entered the IPS in 1968. At that point of time Rule 16A was not in existence. The date of birth which was recorded in his service book was that of 17th June, 1939. In the application which had been filed by the respondent, the correctness of the contents of which were duly certified by him, it was clearly indicated that his date of birth was 17th Jun, 1939. It is also not disputed that the school leaving certificate contains the same date of birth. The descriptive roll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) of Rule 16A states that for the determination of the date of superannuation the date is to be calculated with reference to the date of birth as accepted by the Central Government under this Rule. The use of the word accepted in sub rule (1) is indicative of the fact that except in a case where there may be correction on account of bona fide clerical mistake having occurred the central Government accepts, and does not determine, the date of birth in the manner specified in sub rule (2) and sub rule (3). Sub rule (2) is applicable to a person appointed after commencement of the All India service (Death-cu retirement Benefits) Amendment Rules 1971. According to this the date of birth of the appointees as declared in their application for recruitment shall be accepted bu the central Government as the date of birth of such persons. The effect of this is that atleast as far as post-4th December, 1971 appointees are concerned the question of the Central Government accepting any date of birth other than that indicated in the application for recruitment to the service does not arise. The implication of this clearly is that with the insertion of new Rule 16A (2) there would be no occa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... covered by sub rule (3) if the date of birth as recorded in the service book is different form the one which was contained in the application, possibly because of an alteration having been made at the instance of the officer concerned, then that is the date which has to be accepted by the central Government. The date of birth as recorded in the service book, in the case of a pre 4th December, 1971 entrants, and the date a declared by an officer in the application for recruitment, in the case of post 4th December , 1971 entrants, in the case of post 4th December, 1971 entrants, has to be accepted as correct by the central Government and , as already indicated this can be altered only if under sub rule (4) it is established that a bona fide clerical mistake had been committed in accepting the date of birth. It is for this reason we find that in the orders rejecting the representation of the respondent the Central Government has stated that there was no bona fide clerical mistake which had been committed. It was faintly submitted that on the basis of the birth certificate obtained from the sub Registrar s office by the respondent as well as his horoscope it should be held that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e that the petitioner therein was estopped from pleading a different date of birth when the entry in that regard in his service record had been entered on his representation at the time when he entered service. This contention was repelled by the High court with the observation that it had not been shown that the petitioner gained any advantage by representing a particular date at the time of entry into the service. In matters relating to appointment to service various factors are taken into consideration before making a selection or an appointment. One of the relevant circumstances is the age of the person who is sought to be appointed. It may not be possible to conclusively prove that an advantage had been gained by representing a date of birth which is different than that which is later sought to be incorporated. But it will not be unreasonable to presume that when a candidate, at the first instance, communicates a particular date of birth there is obviously his intention that his age calculated on the basis of that date of birth should be taken into consideration bu the appointing office. In fact, where maturity for a responsible office. In fact, where maturity is a relevant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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