Case Note & Summary
The petitioner, Prabhakar Yashwant Salve, was an employee of the Maharashtra State Electricity Transmission Company Ltd. He filed a writ petition seeking correction of his date of birth in the service record from 12/12/1962 to 12/03/1966, and consequently, a change in his superannuation date from 31/12/2020 to 31/03/2024. The petitioner had joined service in 1991 and his date of birth was recorded as 12/12/1962 based on the school leaving certificate. In 2020, he submitted a proposal for correction, claiming that his actual date of birth was 12/03/1966 as per his birth certificate. The respondents did not decide the proposal, leading to the petition. The court examined the issue of delay and laches, noting that the petitioner had served for nearly 30 years without raising any objection to the recorded date of birth. The court observed that the petitioner failed to produce any contemporaneous document to support his claim and that the school leaving certificate, which was the basis of the original entry, was a reliable document. The court held that correction of date of birth at the fag end of service cannot be claimed as a matter of right and that the employer cannot be faulted for relying on the documents submitted at the time of entry. The petition was dismissed, and the rule was discharged.
Headnote
A) Service Law - Correction of Date of Birth - Delay and Laches - Petitioner sought correction of date of birth from 12/12/1962 to 12/03/1966 after 30 years of service, just before superannuation - Court held that such belated claims cannot be entertained unless there is clear and contemporaneous evidence and the employer is not at fault - Petitioner failed to explain delay and did not produce any contemporaneous document - Petition dismissed (Paras 1-12).
Issue of Consideration
Whether the petitioner is entitled to correction of his date of birth in the service record after a delay of nearly 30 years and at the fag end of his career.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Correction of date of birth in service record
- delay and laches
- burden of proof
- contemporaneous evidence
- service jurisprudence
