Case Note & Summary
The petitioner, Sau. Aruna Madhavrao Wankhede, was an Assistant Teacher and later Kendra Pramukh in Zilla Parishad schools. She joined service on 19.01.1982 with her date of birth recorded as 07.04.1960 in her service record. In 2014, she obtained a school leaving certificate showing her date of birth as 19.03.1961. Just before her retirement on 31.04.2018, she made a representation on 27.02.2017 seeking correction of her date of birth. The Divisional Commissioner dismissed her appeal under Rule 14 of the Maharashtra Zilla Parishad Services (Discipline and Appeal) Rules, 1964. The High Court upheld the dismissal, noting that the claim was highly belated and made on the eve of retirement, and that the service record entry had stood unchallenged for 35 years. The court held that allowing such correction would unsettle settled matters and affect the service of others. The petition was dismissed.
Headnote
A) Service Law - Date of Birth Correction - Belated Claim - Maharashtra Zilla Parishad Services (Discipline and Appeal) Rules, 1964, Rule 14 - The petitioner sought correction of her date of birth from 07.04.1960 to 19.03.1961 just before retirement after 35 years of service. The court held that such belated claims cannot be entertained as they would unsettle settled matters and affect the service of others. The appeal was dismissed. (Paras 1-8)
Issue of Consideration
Whether the petitioner is entitled to correction of her date of birth in service record after 35 years of service and on the eve of retirement.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Date of birth correction
- belated claim
- service record
- superannuation
- Maharashtra Zilla Parishad Services (Discipline and Appeal) Rules
- 1964
- Rule 14
