Case Note & Summary
The case involved a dispute regarding the correction of the respondent's date of birth recorded in his service record. The respondent joined the Government service in the Ministry of Finance as a Peon on February 22, 1956, with his date of birth recorded as May 20, 1934. After passing the matriculation examination in May 1956, he was appointed as LDC in the Ministry of Home Affairs, but his date of birth was not updated to reflect the date in his matriculation certificate, which was April 7, 1938. Upon being notified of his retirement date based on the original date of birth, the respondent made several representations for correction, all of which were rejected. He eventually challenged the rejection before the Central Administrative Tribunal (CAT), which directed the correction of his date of birth. The Union of India appealed this decision, arguing that the request was barred by limitation under Fundamental Rule 56. The Supreme Court analyzed the legal principles surrounding the correction of service records and the implications of delay in seeking such corrections. The court emphasized that a government servant must act without unreasonable delay and that the right to correct the date of birth is limited to a five-year period from the date of entry into service. The court found that the respondent's delay of over thirty years was unjustifiable and ruled in favor of the Union of India, setting aside the CAT's order. The appeal was allowed without costs.
Headnote
A) Administrative Law - Correction of Service Records - Limitation for Correction of Date of Birth - Fundamental Rules, 1956, Note 5 - The court held that a government servant must request correction of date of birth within five years of entry into service, and failure to do so within a reasonable time precludes the claim. The respondent's delay of over three decades in seeking correction was deemed unreasonable, justifying the refusal of relief (Paras 869-877).
Issue of Consideration
Whether the respondent was entitled to correct his date of birth in the service record after a significant delay.
Final Decision
The Supreme Court allowed the appeal by the Union of India, setting aside the order of the Central Administrative Tribunal that directed the correction of the respondent's date of birth in the service record. The court held that the request for correction was made after an unreasonable delay of over thirty years, which precluded the claim for alteration.
Law Points
- Correction of date of birth
- Government service records
- Limitation period for correction
- Fundamental Rules
- Administrative Tribunal jurisdiction
