Case Note & Summary
The dispute arose between the State of Gujarat and a former police constable regarding the correction of his recorded date of birth in service records. The respondent was appointed as an unarmed Police Constable on October 3, 1947, with his date of birth recorded as 1923, leading to a retirement date of November 1, 1981. After receiving notice of retirement, he claimed his actual birth year was 1928 and sought to amend his records. His writ petition was initially allowed, determining he should retire in 1986 instead, based on a school leaving certificate he provided. The State appealed this decision, arguing that the respondent's late request for correction lacked justification and that the school certificate's authenticity was questionable. The court noted that rules, particularly Rule 171 of the Bombay Civil Services Rules, prohibit changes to recorded dates of birth after certain conditions are met, emphasizing the importance of maintaining accurate service records for public servants. The court referenced several precedents that supported the notion that claims for date of birth corrections should be made promptly and with substantial evidence. Ultimately, the Supreme Court found that the respondent's request did not meet the necessary criteria for correction and set aside the previous orders, allowing the appeal without costs.
Headnote
A) Public Service Law - Date of Birth Correction - Entitlement to Change Date of Birth - Bombay Civil Services Rules, 1959, Rule 171 - The court held that requests for alteration of date of birth should not be entertained after the service book preparation and completion of probation or five years of service, emphasizing the need for timely claims and irrefutable proof. (Paras 1-5).
Issue of Consideration
Whether the respondent was entitled to change his recorded date of birth after retirement age was reached.
Final Decision
The Supreme Court allowed the appeal, set aside the orders of the learned Single Judge and the Division Bench, ruling that the request for correction of date of birth was not permissible under the applicable rules.
Law Points
- Public service records
- date of birth correction
- procedural rules
- retirement age
- burden of proof
