Case Note & Summary
Background: This was a service law dispute arising from a government servant's belated claim for correction of his date of birth in service records. The Union of India appealed against an order of the Central Administrative Tribunal that directed the Government to consider the respondent's request for correction. The respondent had joined service on December 16, 1962, and his service records reflected his date of birth as December 16, 1934. After a lapse of 25 years, the respondent claimed that his correct date of birth was January 2, 1939, and sought rectification of the records. Facts: The respondent joined service on December 16, 1962. According to his service records, his date of birth was December 16, 1934. After 25 years of service, he raised a claim that his actual date of birth was January 2, 1939, not December 16, 1934 as recorded. The Central Administrative Tribunal accepted this claim and directed the Government to consider the correction of the date of birth. Aggrieved by this direction, the Union of India approached the Supreme Court, which granted special leave to appeal. Legal Issues: The core question before the Supreme Court was whether a court or tribunal can entertain a claim for correction of date of birth duly entered in service records at a belated stage, specifically after 25 years of service. Arguments: The judgment does not record detailed submissions of the parties. However, the respondent evidently contended that his correct date of birth was January 2, 1939 and sought correction of the same. The Union of India, as appellant, challenged the Tribunal's direction on the ground that such a belated claim could not be entertained. Court's Analysis: The Supreme Court observed that the controversy was no longer res integra. It noted that in a series of judgments, the Court has consistently held that a court or tribunal at the belated stage cannot entertain a claim for correction of the date of birth duly entered in the service records. The Court highlighted that the respondent had joined service on December 16, 1962 and only after 25 years woke up to claim that his correct date of birth was January 2, 1939, not December 16, 1934. The Tribunal's acceptance of the claim and its direction to the Government to consider the correction was held to be per se illegal. Decision: The Supreme Court allowed the appeal and set aside the Tribunal's direction. No order as to costs was made. The Court reaffirmed the principle that belated claims for correction of date of birth in service records cannot be entertained by courts or tribunals.
Headnote
A) Service Law - Date of Birth Correction - Belated Claim Not Entertainable - Not mentioned - The respondent joined service on December 16, 1962 and after 25 years sought correction of his date of birth from December 16, 1934 to January 2, 1939. The Tribunal accepted the claim and directed the Government to consider the correction. The Supreme Court held that at a belated stage a court or tribunal cannot entertain such a claim for correction of date of birth duly entered in service records and the direction is per se illegal; appeal allowed with no costs. (Paras Not mentioned)
Issue of Consideration
Whether a court or tribunal can entertain a belated claim for correction of date of birth in service records after 25 years of service.
Final Decision
The appeal was allowed; the Supreme Court held that the Tribunal's direction to consider the correction of date of birth was per se illegal and set aside the direction. No costs.
Law Points
- A court or tribunal at the belated stage cannot entertain a claim for the correction of the date of birth duly entered in the service records
- such direction is per se illegal
