Case Note & Summary
The Union of India and the State of Maharashtra filed two writ petitions challenging the judgment and order dated 8 March 2016 passed by the Central Administrative Tribunal (CAT) allowing the Original Application No. 743 of 2014 instituted by respondent No.1, Vishwas Jaywantrao Bhosale, for change of his date of birth from 1 June 1956 to 5 October 1958. The respondent was appointed as Deputy Collector in the State of Maharashtra on 6 February 1984 based on MPSC recommendations, and his date of birth was recorded as 1 June 1956 based on his School Leaving Certificate. On 31 January 1989, he applied for correction of his date of birth to 5 October 1958. The authorities took no action for almost eight years, and on 26 September 2000, the Divisional Commissioner raised queries, which the respondent answered. On 30 March 2005, the respondent was promoted/inducted into the Indian Administrative Service (IAS) Cadre. On 15 December 2008, the State Government raised further queries, and the respondent furnished documents on 18 September 2010. On 4 May 2011, the State Government declined to change the date of birth. The respondent filed an original application before the Maharashtra Administrative Tribunal (MAT), which was rejected on 10 March 2014 for lack of jurisdiction as the respondent was in IAS. The respondent then filed an application before the CAT, which allowed the change. The High Court considered the issues of delay, laches, and estoppel. The court noted that the respondent applied for change within five years of entry into service, as required by Rule 38 of the Maharashtra Civil Services (General Conditions of Service) Rules, 1981, but the authorities delayed the decision for over 22 years. The court held that the authorities cannot take advantage of their own delay and that the CAT's order was justified. The court dismissed both writ petitions, upholding the CAT's order.
Headnote
A) Service Law - Change of Date of Birth - Delay in Application - The respondent applied for change of date of birth after five years of entry into service, which is beyond the period prescribed under Rule 38 of the Maharashtra Civil Services (General Conditions of Service) Rules, 1981. However, the authorities took over 22 years to decide the application, and the respondent was not responsible for the delay. The court held that the delay by the authorities cannot be used to defeat the claim, and the CAT's order allowing the change was upheld. (Paras 1-26) B) Service Law - Laches and Estoppel - The principle of laches cannot be applied against an employee when the authorities themselves delayed the decision on the application for change of date of birth. The respondent did not acquiesce to the incorrect date; he made repeated representations. The court held that the authorities cannot take advantage of their own delay. (Paras 15-20) C) Service Law - Jurisdiction of CAT - The CAT had jurisdiction to entertain the application after the respondent was inducted into IAS, as the cause of action arose from the order of the State Government declining the change, which was passed before induction. The MAT had earlier rejected the application on jurisdictional grounds, but the CAT correctly assumed jurisdiction. (Paras 4-5)
Issue of Consideration
Whether the Central Administrative Tribunal (CAT) was justified in directing the change of date of birth of an IAS officer from 1 June 1956 to 5 October 1958, despite the application being made after five years of entry into service and the authorities' delay in deciding it.
Final Decision
Both writ petitions are dismissed. The judgment and order dated 8 March 2016 passed by the Central Administrative Tribunal is upheld. Rule is discharged. There shall be no order as to costs.
Law Points
- Change of date of birth in service records
- Delay in deciding application
- Laches
- Estoppel
- Rule 38 of Maharashtra Civil Services (General Conditions of Service) Rules
- 1981
