Case Note & Summary
The dispute arose between the State of Uttar Pradesh and an employee regarding the correct date of birth recorded in the service records. The employee, who was engaged as a Class IV employee on 2.1.1972, claimed that his date of birth was 1.9.1939, while the State maintained it was 1.9.1930. Following his premature retirement on 30.9.1990, the employee challenged the retirement order in the Allahabad High Court, which ruled in his favor, stating that the State failed to produce the service records. The State appealed, arguing that the High Court erred in its judgment as the service records, which included the employee's own signature confirming the date of birth as 1.9.1930, were indeed submitted. The court noted a trend where public servants raise disputes regarding their service records close to retirement, emphasizing the need for timely claims and adherence to established procedures. The Supreme Court found that the High Court had incorrectly assessed the evidence and upheld the State's position, confirming the date of birth as 1.9.1930. The court allowed the appeal but ruled that the employee would not have to refund salary received until the date of superannuation, although the period beyond that would not count towards retirement benefits.
Headnote
A) Service Law - Date of Birth Correction - Burden of Proof - Constitution of India, Article 226 - The court held that the employee's claim for correction of his date of birth was not substantiated by sufficient evidence, as the service records consistently indicated a different date. The High Court's acceptance of the employee's claim was found to be erroneous due to lack of proper documentation and adherence to procedural rules (Paras 1-5).
Issue of Consideration
Whether the respondent's date of birth was correctly recorded as 1.9.1930 in the service records.
Final Decision
The Supreme Court allowed the appeal, confirming the date of birth as 1.9.1930 and ruling that the employee would not have to refund salary received until the date of superannuation, but the period beyond that would not count towards retirement benefits.
Law Points
- Service records
- date of birth correction
- public service retirement
- administrative rules
- burden of proof
