Case Note & Summary
The petitioner, Chandrakant Punju Wagh, joined the Maharashtra State Electricity Distribution Co. Ltd. in 1997 based on a school leaving certificate showing his date of birth as 19/02/1960. Under the service rules, he could apply for change of date of birth within one year of joining. In January 1998, he obtained a birth certificate from Chopda Municipal Council showing his date of birth as 01/03/1961, and applied on 02/03/1998 for correction. The respondents informed him that the certificate did not mention his name and that his application for the post of Deputy Executive Engineer (Civil) showed the date of birth in his own handwriting as 19/02/1960. The petitioner took no further steps for 18 years. In 2016, he obtained another birth certificate from the same council and approached the High Court in 2017 seeking correction. The court held that the petitioner had not acted diligently; the initial entry based on school leaving certificate is presumed correct, and the belated application based on a certificate that did not even mention his name could not be accepted. The petition was dismissed.
Headnote
A) Service Law - Correction of Date of Birth - Delay and Laches - Employee sought change of date of birth from 19/02/1960 to 01/03/1961 after 19 years of service - Initial entry based on school leaving certificate - Application made within one year but not pursued - Municipal birth certificate obtained later did not mention employee's name - Held that the employee cannot claim correction after such long delay and that the initial entry is presumed correct (Paras 2-7).
Issue of Consideration
Whether an employee can seek correction of date of birth in service record after 19 years of service based on a municipal birth certificate obtained later, when the initial entry was based on school leaving certificate and the employee did not challenge it within the prescribed time.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Change of date of birth in service record cannot be claimed as a matter of right
- especially after a long delay
- initial entry based on school leaving certificate is presumed correct
- municipal birth certificate obtained later without name of employee is not reliable
- burden of proof lies on employee to show that initial entry was incorrect.
Case Details
2017 LawText (BOM) (09) 264
Writ Petition No. 4188 of 2017
Naresh H. Patil, Z. A. Haq
Mr. Nilkanth D. Batule for petitioner, Ms. A. R. S. Baxi for respondent nos.1 and 2
Chairman & Managing Director, Maharashtra State Electricity Distribution Co. Ltd. & Anr.
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Nature of Litigation
Writ petition seeking correction of date of birth in service record.
Remedy Sought
Petitioner sought direction to respondents to correct his date of birth from 19/02/1960 to 01/03/1961 in service record based on a municipal birth certificate.
Filing Reason
Petitioner's application for correction of date of birth was not accepted by respondents.
Issues
Whether the petitioner is entitled to correction of date of birth in service record after 19 years of service based on a municipal birth certificate obtained later.
Submissions/Arguments
Petitioner argued that there is no time limit for correction and that the birth certificate issued by Chopda Municipal Council on 5/3/2016 should be accepted as correct.
Respondents argued that the initial entry was based on school leaving certificate and the petitioner's own application showed the same date; the municipal certificate did not mention the petitioner's name; and the petitioner did not pursue the matter for 18 years.
Ratio Decidendi
An employee cannot seek correction of date of birth in service record after a long delay, especially when the initial entry was based on school leaving certificate and the employee did not challenge it within the prescribed time. The burden of proof lies on the employee to show that the initial entry was incorrect, and a municipal birth certificate obtained later without the employee's name is not sufficient.
Judgment Excerpts
The petitioner joined service of respondents in the year 1997 based on school leaving certificate, wherein the date of birth was mentioned as 19/02/1960.
Under the service Rules, the petitioner could have applied for change of date of birth within one year from joining service.
The petitioner has approached this Court with a plea that the certificate issued by the Chopda Municipal Council on 5/3/2016, mentioning the date of birth of the petitioner as 01/03/1961, be taken into consideration.
Procedural History
Petitioner joined service in 1997. Applied for correction on 02/03/1998 but was informed of deficiencies. Took no further steps until 2016 when he obtained a new birth certificate. Filed writ petition in 2017.
