Case Note & Summary
The petitioner, Dr. Shaikh Abdul Hasib, joined the Central Railway as Assistant Surgeon Grade I in 1965. His service records initially showed his date of birth as 6th May 1940, but his SSC certificate indicated 5th September 1939. In 1985, he applied for correction of his date of birth in service records, but no action was taken. In 1997, just before his retirement based on the SSC date, he filed an application before the Central Administrative Tribunal (CAT) seeking to retire based on the service record date. The CAT dismissed his application. On appeal, the Bombay High Court held that the date of birth in the SSC certificate, being a public document, should prevail over the service record entry, especially since the petitioner did not seek correction within a reasonable time. The court noted that the petitioner had ample opportunity to correct the record earlier but failed to do so. The petition was dismissed, upholding the retirement based on 5th September 1939.
Headnote
A) Service Law - Correction of Date of Birth - Limitation - The petitioner sought correction of his date of birth from 5th September 1939 to 6th May 1940 after 20 years of service - The court held that such correction cannot be allowed at a belated stage, especially when the SSC certificate, which is the primary document, shows a different date - The petitioner failed to explain the delay and did not produce sufficient evidence to support the claimed date - Held that the Tribunal rightly dismissed the application (Paras 1-5).
Issue of Consideration
Whether the petitioner's date of birth should be taken as 6th May 1940 as per service records or 5th September 1939 as per SSC certificate, and whether the petitioner is entitled to correction of date of birth after a long delay.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Central Administrative Tribunal. The court held that the date of birth as per the SSC certificate (5th September 1939) prevails, and the petitioner cannot seek correction after a long delay.
Law Points
- Date of birth in service record
- correction of date of birth
- limitation for correction
- reliance on SSC certificate
- burden of proof
Case Details
Writ Petition No. 6229 of 1998
R.M.S. Khandeparkar, Roshan Dalvi
S. G. Kudle for petitioner, Suresh Kumar for respondents
Dr. Shaikh Abdul Hasib Abdul Mannan
Union of India through its General Manager, Central Railway; Chief Personal Officer, Central Railway; Chairman, Railway Board
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Nature of Litigation
Writ petition challenging the order of Central Administrative Tribunal dismissing the petitioner's application for correction of date of birth in service records.
Remedy Sought
Direction to the respondents to accept the petitioner's date of birth as 6th May 1940 as per service records and retire him accordingly, instead of 5th September 1939 as per SSC certificate.
Filing Reason
The petitioner was ordered to be retired on the basis of his date of birth as per SSC certificate (5th September 1939) instead of the date recorded in service records (6th May 1940).
Previous Decisions
The Central Administrative Tribunal dismissed OA No. 732 of 1997 filed by the petitioner.
Issues
Whether the petitioner's date of birth should be taken as 6th May 1940 or 5th September 1939.
Whether the petitioner is entitled to correction of date of birth after a long delay of 20 years.
Submissions/Arguments
Petitioner argued that his date of birth was recorded as 6th May 1940 in the service register and supported by a domicile certificate from Solapur Municipality.
Respondents argued that the SSC certificate, being a public document, shows the date of birth as 5th September 1939, and the petitioner failed to seek correction within reasonable time.
Ratio Decidendi
The date of birth recorded in the SSC certificate, being a public document, is presumed to be correct. An employee seeking correction of date of birth in service records must do so within a reasonable time. Delay of 20 years without explanation is fatal.
Judgment Excerpts
The Petitioner challenges the judgment and order dated 23rd July 1998 passed by the Central Administrative Tribunal dismissing OA No. 732 of 1997 filed by the Petitioner.
The Petitioner joined the services in the Central Railway as Assistant Surgeon Grade I in Group ‘C’ some times in the year 1965.
An application came to be filed by the Petitioner on 2nd September 1985 requesting for alteration in the recorded date of birth of the petitioner in the service records of the Respondent.
On 7th July 1997 D.R.M. (B) Solapur issued a letter to the effect that the Petitioner's date of birth was shown as 6th May 1940 but in his SSC Certificate the same was shown as 5th September 1939 and hence it was ordered to retire the Petitioner on the basis of his date of birth i.e. 5th September 1939.
Procedural History
The petitioner filed OA No. 732 of 1997 before the Central Administrative Tribunal, which was dismissed on 23rd July 1998. The petitioner then filed Writ Petition No. 6229 of 1998 before the Bombay High Court, which was dismissed on 28th April 2006.
