Supreme Court Dismisses Appeal Regarding Correction of Date of Birth in Service Records. The court upheld the finality of the administrative decision regarding the appellant's date of birth correction, which was not contested further.

  • 0
Judgement Image
Font size:
Print

Case Note & Summary

The dispute arose from the correction of the appellant's date of birth in the service records of Sarvodaya Shiksha Sadan Inter College, where he was employed as a Chowkidar since 1965. Initially, his date of birth was recorded as 1st January 1933, but it was later corrected to 12th June 1925 based on school records. The Principal issued a notice to the appellant regarding this correction, which he did not contest further, leading to its finality. The appellant later challenged the order fixing his pension based on the corrected date of retirement, which was set as 30th June 1985. The learned Single Judge ruled in favor of the appellant, stating the correction was illegal and reinstated his service until 31st January 1993. However, the Division Bench reversed this decision, asserting that the matter had been conclusively decided and could not be reopened. The Supreme Court, upon reviewing the case, found the reasoning of the Division Bench sound and dismissed the appeal, directing the authorities to disburse the appellant's dues as per the Division Bench's order within two months.

Headnote

A) Administrative Law - Correction of Service Records - Finality of Administrative Decisions - Not mentioned - The appellant's date of birth was corrected based on school records, and the correction was not challenged further, rendering it final. The court upheld the Division Bench's decision that the learned Single Judge could not reopen the matter. Held that the correction was valid and binding (Paras 2-3).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the correction of the appellant's date of birth in service records was valid and binding.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Supreme Court dismissed the appeal, affirming the Division Bench's ruling that the correction of the appellant's date of birth was valid and binding. The court directed the authorities to disburse all dues to the appellant as per the Division Bench's order within two months.

Law Points

  • Service records
  • correction of date of birth
  • finality of administrative decisions
  • pension calculation
Subscribe to unlock Law Points Subscribe Now

Case Details

2008 LawText (SC) (03) 5

Appeal (civil) 2376-2377 of 2008

2008-03-28

ALTAMAS KABIR, AFTAB ALAM

DEORAJ TIWARI

COMMITTEE OF MANAGEMENT SARVODAYA SHIKSHA S.I. COL. & ORS

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Challenge to the correction of date of birth in service records and pension calculation.

Remedy Sought

The appellant sought to reinstate his service until 31st January 1993 and to receive corresponding benefits.

Filing Reason

The appellant contested the correction of his date of birth and the subsequent pension calculation.

Previous Decisions

The learned Single Judge initially ruled in favor of the appellant, which was later overturned by the Division Bench.

Issues

Validity of the correction of date of birth in service records Finality of administrative decisions

Submissions/Arguments

The appellant argued that the correction was illegal and should not be enforced. The respondents contended that the correction was final and binding as it was not challenged further.

Ratio Decidendi

The court held that administrative decisions regarding service records, once finalized and not contested, are binding and cannot be reopened.

Judgment Excerpts

The appellant has questioned the Judgment and Order of the Division Bench of the High Court dated 19th August,2004. Consequently, the said correction became final and binding on the appellant. The reasoning of the Division Bench Judge appears to be sound.

Procedural History

The appellant was initially appointed in 1965, and after a correction of his date of birth in 1987, he challenged the pension order in the High Court, leading to a Single Judge ruling and subsequent appeal to the Division Bench.

Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Supreme Court Supreme Court Upholds High Court Directions Against Lawyers' Strikes in Uttarakhand — Lawyers Have No Right to Strike or Boycott Courts. The Court held that strikes by advocates interfere with administration of justice and access to justice, and th...
Related Judgement
High Court Karnataka High Court Dismisses Second Appeal in Suit for Declaration and Injunction — Concurrent Findings Upheld. Plaintiff Failed to Prove Title and Possession Over Suit Property; Non-Examination of Attesting Witnesses to Sale Deed Led to Adverse ...