Change Of Date Of Birth In Service Records Cannot Be Claimed As Of Right; Can Be Rejected For Delay & Latches : Supreme Court

The Supreme Court observed that change of date of birth in the service record cannot be claimed as of right, even if there is cogent evidence.

Such applications, the court said, can only be processed as per the relevant provisions/regulations applicable. They can be rejected on the ground of delay and latches also more particularly when it is made at the fag end of service and/or when the employee is about to retire on attaining the age of superannuation, the bench of Justices MR Shah and AS Bopanna observed.

In this case, an employee of the Karnataka Rural Infrastructure Development Limited requested for change of date of birth. Thereafter, he filed a suit for declaration that his date of birth is 24.01.1961. The said suit was dismissed by the Trial Court. The High Court allowed the appeal and decreed the suit.

In appeal before the Apex Court, the Corporation contended that no such alteration to the date of birth to the advantage of a State servant be made unless the employee has made an application for the purpose within three years from the date on which his age and date of birth is accepted and recorded in the service register or book or any other record of service or within one year from the date of commencement of the Karnataka State Servants (Determination of Age) Act, 1974 whichever is later. In this case, the corporation submitted, the employee made the application for the first time vide notice dated 23.06.2007 i.e. after the lapse of 24 years since he joined the service and nearly after the lapse of 16 years from the date of adoption of enactment (Act, 1974).

Referring to earlier judgments in this regard, the court observed:

(i) application for change of date of birth can only be as per the relevant provisions/regulations applicable;

(ii) even if there is cogent evidence, the same cannot be claimed as a matter of right;

(iii) application can be rejected on the ground of delay and latches also more particularly when it is made at the fag end of service and/or when the employee is about to retire on attaining the age of superannuation.  (Para 10)

Thus, in this case, the court observed that the employee was not entitled to the decree of declaration. The court noted that the High Court judgment was implemented in this case and the employee had retired. So it clarified that this judgment will not affect him.

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