Case Note & Summary
The petitioner, Sri L. Lingaraju, joined service as an Assistant Teacher on 25.09.1985 in a Lower Primary School. His service was regularized retrospectively on 16.08.1991. According to the petitioner, his date of birth (DoB) was correctly recorded as 29.02.1955 in the admission registers from 1st to 7th standard, but was wrongly entered as 02.06.1953 in the 8th standard register. He sought correction of his DoB in the service book to 29.02.1955. The petitioner made a representation dated 11.02.2013 to the Secretary, Department of Primary and Secondary Education, which was not considered. He then filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents to consider his representation and rectify the date of birth. The court noted that the petitioner had been in service for nearly 28 years and had not raised the issue earlier. The court found that the evidence provided, i.e., the school admission registers, was not sufficient to override the long-standing entry in the service records. The court held that belated claims for correction of date of birth cannot be entertained, especially when the petitioner had opportunities to raise the issue at the time of entry into service or soon thereafter. The court dismissed the writ petition, finding no merit in the petitioner's claim.
Headnote
A) Service Law - Correction of Date of Birth - Delay and Laches - The petitioner sought correction of his date of birth in service records after nearly 28 years of service. The court held that such belated claims cannot be entertained, especially when the petitioner had opportunities to raise the issue earlier. (Paras 1-5) B) Evidence - School Admission Register - The petitioner relied on admission registers from 1st to 7th standard showing 29.02.1955, but the 8th standard register showed 02.06.1953. The court found the evidence insufficient to override the long-standing entry in service records. (Paras 2-4) C) Constitutional Law - Writ of Mandamus - Under Articles 226 and 227 of the Constitution of India, a writ of mandamus can be issued to compel performance of a duty, but not when there is inordinate delay and lack of clear evidence. The court declined to interfere. (Paras 4-5)
Issue of Consideration
Whether the petitioner is entitled to correction of his date of birth in the service book from 02.06.1953 to 29.02.1955, based on school admission records, after a delay of several years.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Correction of date of birth in service records
- Delay and laches
- Burden of proof
- Writ of mandamus
- Articles 226 and 227 of the Constitution of India
