Case Note & Summary
The dispute arose from the request of an employee for a change of date of birth in his service records from 04.01.1960 to 24.01.1961, which was initially recorded based on his SSLC Marks Card. The employee, after 24 years of service, filed a suit for declaration of his date of birth, which was dismissed by the Trial Court based on the Karnataka State Servants (Determination of Age) Act, 1974, which mandates that such requests must be made within three years of joining or one year from the commencement of the Act. The employee appealed to the High Court, which allowed the appeal and decreed the suit, leading the corporation to file the present appeals. The corporation argued that the High Court erred in allowing the appeal due to the significant delay and the employee's ignorance of the law. The employee contended that the High Court's decision had been implemented and that the appeal had become infructuous. The court analyzed the statutory provisions and previous judgments regarding the correction of date of birth, emphasizing that applications made after a long delay are not sustainable. Ultimately, the court dismissed the appeals, affirming the need for timely applications under the Act and ruling in favor of the corporation while noting that the employee's retirement would not be affected by the judgment.
Headnote
A) Employment Law - Change of Date of Birth - Delay and Laches - Karnataka State Servants (Determination of Age) Act, 1974, Sections 4, 5 - The court held that an application for change of date of birth made after a delay of 24 years is not maintainable, as it contravenes the statutory provisions requiring timely applications. The High Court's decision to allow the change was deemed unsustainable due to the significant delay and lack of adherence to the Act's requirements (Paras 11-12).
Issue of Consideration
Whether the request for change of date of birth made after a significant delay is maintainable under the Karnataka State Servants (Determination of Age) Act, 1974.
Final Decision
The Supreme Court dismissed both Civil Appeal No.5720 of 2021 and Civil Appeal No.5721 of 2021, ruling that the request for change of date of birth was not maintainable due to delay and laches, affirming the statutory provisions of the Karnataka State Servants (Determination of Age) Act, 1974.
Law Points
- Change of date of birth
- delay and laches
- jurisdiction of courts
- Karnataka State Servants (Determination of Age) Act
- 1974
