Case Note & Summary
The appellant, Thimmaiah V, was appointed as a daily wage employee (Mali, Group-D) with the Mysuru City Corporation on 01.05.1986. At the time of joining, he did not submit any document showing his date of birth. Subsequently, when the corporation published a list of time scale employees with effect from 24.11.1995, the appellant noticed that his date of birth was incorrectly recorded as 28.02.1959 instead of 02.04.1966. He made a representation on 07.07.2018 enclosing his school leaving certificate and requested rectification. The second respondent rejected the representation via endorsement dated 01.08.2018. Aggrieved, the appellant filed a writ petition before the learned Single Judge, which was dismissed. The appellant then filed this writ appeal under Section 4 of the Karnataka High Court Act, 1961. The court considered the facts and the school leaving certificate, which showed the correct date of birth as 02.04.1966. The court found that the respondent's rejection was arbitrary and that the appellant was entitled to correction of his date of birth. The court allowed the appeal, set aside the order of the learned Single Judge, and directed the respondents to correct the date of birth in service records and grant consequential benefits.
Headnote
A) Service Law - Date of Birth Correction - School Leaving Certificate as Proof - Karnataka Civil Services Rules - The appellant sought correction of his date of birth from 28.02.1959 to 02.04.1966 based on his school leaving certificate. The court held that the school leaving certificate is a reliable document and the respondent's rejection was arbitrary. The court allowed the correction and set aside the impugned order. (Paras 1-10)
Issue of Consideration
Whether the appellant is entitled to correction of his date of birth in service records based on school leaving certificate, and whether the rejection by the respondent was justified.
Final Decision
The writ appeal is allowed. The order dated 24.07.2020 passed in WP No.2490 of 2020 is set aside. The respondents are directed to correct the date of birth of the appellant as 02.04.1966 in the service records and grant all consequential benefits.
Law Points
- Date of birth correction
- service records
- school leaving certificate
- Karnataka Civil Services Rules
- limitation period
- writ petition
