Case Note & Summary
The appellant, Sri Srinivasa, was appointed as a daily wage employee (Mali) with the Mysuru City Corporation on 04.10.1998. He was later treated as a time scale employee with effect from 24.11.1995. In a list published by the respondent, his date of birth was wrongly mentioned as 28.02.1960 instead of 15.10.1969. Upon noticing this error, he gave a representation on 31.12.2018 enclosing his SSLC marks card which showed his correct date of birth. The second respondent issued an endorsement dated 13.02.2019 rejecting the representation. Another endorsement dated 13.08.2019 also rejected his request. Aggrieved, he filed a writ petition which was dismissed. Hence, he filed this writ appeal. The court considered whether the SSLC marks card is a valid document for correction of date of birth and whether the rejection was justified. The court held that the SSLC marks card is a reliable document and the employer should have considered it. The court set aside the impugned order and directed the respondent to correct the date of birth in service records within four weeks.
Headnote
A) Service Law - Correction of Date of Birth - SSLC Marks Card as Evidence - The appellant sought correction of his date of birth from 28.02.1960 to 15.10.1969 based on his SSLC marks card. The court held that the SSLC marks card is a valid document for determining date of birth and the employer should have considered it. The rejection was set aside. (Paras 1-10) B) Service Law - Limitation for Correction - Delay and Laches - The appellant made representation in 2018 after noticing the error. The court held that there was no inordinate delay as the error was discovered later and the employer had a duty to correct the record. (Paras 5-8) C) Service Law - Duty of Employer - Consideration of Representation - The employer rejected the representation without proper application of mind. The court directed the respondent to reconsider and correct the date of birth. (Paras 9-10)
Issue of Consideration
Whether the appellant is entitled to correction of his date of birth in service records based on SSLC marks card, and whether the rejection of his representation by the respondent was justified.
Final Decision
The writ appeal is allowed. The order dated 24.07.2020 in WP No.3283/2020 is set aside. The respondent is directed to correct the date of birth of the appellant as 15.10.1969 in service records within four weeks.
Law Points
- Correction of date of birth in service records
- SSLC marks card as valid evidence
- Karnataka Civil Services Rules
- limitation period for correction
- duty of employer to consider representation
