Case Note & Summary
The State of Maharashtra filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 10.9.2009 passed by the Vice Chairman of the Maharashtra Administrative Tribunal (MAT) in OA No. 816/09. The respondent, Shrikrishna Jagannath Laskhare, joined government service as Sales Tax Officer Class II on 5.12.1977 and retired as Joint Commissioner of Sales Tax on 31.3.2009. His date of birth was recorded as 16.3.1951 in the service book. A few months before retirement, on 4.12.2008, he submitted a representation for correction of his date of birth to 24.2.1952 based on a school leaving certificate. The representation was not decided, leading him to file Writ Petition No. 27/09, which was disposed of on 17.3.2009 with a direction to the competent authority to decide the representation expeditiously. The authority rejected the claim on 31.3.2009. The respondent then approached the MAT, which allowed his application by order dated 10.9.2009, relying on the amendment to Rule 38(2) of the Maharashtra Civil Services (General Conditions of Service) Rules, 2008, which lifted the five-year restriction for employees who joined service on or before 16th August, 1981. The State argued that the Tribunal's view was erroneous and contrary to government circulars and the amended rules. The High Court, after hearing both sides, dismissed the petition, holding that the amendment clearly lifted the five-year bar for employees who joined on or before 16.8.1981, and thus the respondent's claim was not barred by limitation. The court found no merit in the State's petition and upheld the Tribunal's order.
Headnote
A) Service Law - Date of Birth Correction - Amendment to Rule 38(2) - The amendment to the Maharashtra Civil Services (General Conditions of Service) Rules, 2008, lifted the restriction of five years for seeking correction of date of birth for employees who joined government service on or before 16th August, 1981. The Tribunal allowed the respondent's application for correction of date of birth based on this amendment. (Para 6) B) Service Law - Date of Birth Correction - Limitation - The court held that the amendment to Rule 38(2) clearly lifted the five-year bar for employees who joined on or before 16.8.1981, and thus the respondent's claim for correction of date of birth was not barred by limitation. (Para 6) C) Service Law - Date of Birth Correction - Government Circulars - The court noted that the government circulars relied upon by the petitioner were not applicable in view of the specific amendment to the Rules. (Para 5)
Issue of Consideration
Whether the Maharashtra Administrative Tribunal erred in allowing correction of date of birth of a government employee who had retired, based on the amendment to Rule 38(2) of the Maharashtra Civil Services (General Conditions of Service) Rules, 2008, which lifted the five-year restriction for employees who joined service on or before 16th August, 1981.
Final Decision
The High Court dismissed the writ petition, holding that the amendment to Rule 38(2) of the Maharashtra Civil Services (General Conditions of Service) Rules, 2008 clearly lifted the five-year restriction for employees who joined government service on or before 16th August, 1981, and thus the respondent's claim for correction of date of birth was not barred by limitation. The court found no merit in the State's petition and upheld the Tribunal's order.
Law Points
- Date of birth correction
- Service rules
- Limitation period
- Amendment rules
- Government circulars
