Case Note & Summary
The petitioner, Pravin Yeshwante, was appointed as Manager under order dated 24.04.2008 and joined duties on 20.05.2008. His date of birth was entered as 01.01.1970 based on the Secondary School Certificate. Within one year, on 28.11.2008, he submitted a representation to the competent authority enclosing a birth certificate issued by Aurangabad Municipal Corporation dated 11.07.1986 and an extract from the original birth register maintained under the Registration of Births and Deaths Act, 1969, showing his date of birth as 26.09.1972. He also filed Writ Petition No. 5845 of 2008 which was disposed of on 06.02.2018, recording that his representation for correction of service record would be considered. The respondent authorities rejected his request via communications dated 18.07.2018 and 14.12.2023. The petitioner then filed the present writ petition seeking a direction to correct his date of birth and challenging the rejection communications. The court noted that the representation was made within one year of joining, which was within the permissible period under the governing service regulations. The birth certificate and register extract were reliable evidence. The court held that the authorities had not applied their mind properly and set aside the impugned communications, directing the respondents to correct the date of birth in the service record to 26.09.1972 within four weeks.
Headnote
A) Service Law - Correction of Date of Birth - Representation within one year - The petitioner sought correction of his date of birth in service record from 01.01.1970 to 26.09.1972 based on birth certificate and register extract under Registration of Births and Deaths Act, 1969 - The court held that the representation made within one year of joining was within the permissible period under service regulations and the birth certificate was reliable evidence - The impugned communications rejecting the request were set aside (Paras 1-8).
Issue of Consideration
Whether the petitioner is entitled to correction of his date of birth in the service record from 01.01.1970 to 26.09.1972 based on the birth certificate and extract from the birth register maintained under the Registration of Births and Deaths Act, 1969, and whether the communications rejecting his request are valid.
Final Decision
The court allowed the writ petition, set aside the impugned communications dated 18.07.2018 and 14.12.2023, and directed the respondents to correct the petitioner's date of birth in the service record from 01.01.1970 to 26.09.1972 within four weeks.
Law Points
- Correction of date of birth in service record
- Representation within one year of joining
- Birth certificate as valid evidence
- Registration of Births and Deaths Act
- 1969
- Service regulations
Case Details
2025 LawText (BOM) (12) 279
Writ Petition No. 5394 of 2025
Smt. Vibha Kankanwadi, Hiten S. Venegavkar
Mr. G. M. Jadhav for petitioner, Mr. S. V. Adwant for respondent Nos. 1 to 3
Pravin S/o Janardhan Yeshwante
Chief General Manager (F & A), Finance and Accounts Department, Mumbai; Chief Engineer, EHV Project cum O & M Zone, Aurangabad; Chief Engineer, EHV Project cum O & M Zone, Amravati
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Nature of Litigation
Writ petition seeking correction of date of birth in service record and challenging rejection communications.
Remedy Sought
Direction to respondent authorities to correct date of birth from 01.01.1970 to 26.09.1972 in service record.
Filing Reason
Petitioner's date of birth was incorrectly recorded as 01.01.1970 based on SSC certificate, while his actual date of birth is 26.09.1972 as per birth certificate and register extract.
Previous Decisions
Writ Petition No. 5845 of 2008 was disposed of on 06.02.2018, recording that representation for correction would be considered. Communications dated 18.07.2018 and 14.12.2023 rejected the request.
Issues
Whether the petitioner is entitled to correction of date of birth in service record based on birth certificate and register extract under the Registration of Births and Deaths Act, 1969.
Whether the rejection communications dated 18.07.2018 and 14.12.2023 are valid.
Submissions/Arguments
Petitioner argued that his date of birth is 26.09.1972 as per birth certificate and register extract, and he made representation within one year of joining.
Respondents argued that the date of birth was entered based on SSC certificate and no correction is permissible.
Ratio Decidendi
A representation for correction of date of birth made within one year of joining service is within the permissible period under service regulations, and a birth certificate issued under the Registration of Births and Deaths Act, 1969 is reliable evidence for correction.
Judgment Excerpts
The petitioner has invoked a writ jurisdiction of this court seeking a direction to the respondent authorities to correct his date of birth in the service record from 01.01.1970 to 26.09.1972.
Within the period of one year, he submitted a representation dated 28.11.2008 to the competent authority enclosing the birth certificate issued by the Aurangabad Municipal Corporation dated 11.07.1986 as well as an extract from the original birth register maintained under the Registration of Birth and Death Act.
Procedural History
Petitioner appointed on 24.04.2008, joined 20.05.2008. Representation on 28.11.2008. Filed WP 5845/2008, disposed 06.02.2018. Rejection communications 18.07.2018 and 14.12.2023. Present WP filed in 2025.
Acts & Sections
- Registration of Births and Deaths Act, 1969:
