Facts
The appellant challenged the rejection of her application to change her recorded date of birth from 7 May 1957 to 7 May 1959.
Source reference: paras. 3–7Her service book recorded 7 May 1957, and she had signed its first page acknowledging that entry.
Source reference: paras. 3–7In 2011, she sought correction and submitted school records showing 7 May 1959; the competent authority rejected the request on 20 October 2011, and she did not challenge that decision.
Source reference: paras. 3–7She applied again in 2018, but the request was rejected on 19 November 2018.
Source reference: paras. 3–7The Single Judge dismissed her writ petition, relying on her Higher Secondary School Examination Certificate, which recorded 7 May 1957.
Source reference: paras. 3–7She appealed.
Source reference: paras. 3–7Issues
Whether the appellant was entitled to correction of her date of birth in the service record from 7 May 1957 to 7 May 1959.
Source reference: paras. 3–5, 7–8Whether the Single Judge’s decision dismissing the writ petition warranted appellate interference.
Source reference: paras. 4, 9Law Applied
The Court stated that a request to correct a date of birth in a service book should be made at the earliest.
Source reference: paras. 7–8It also considered the significance of an employee’s acknowledgment of the date entered in the service book, the failure to challenge an earlier rejection of a correction request, and the absence of a correction to the educational certificate relied on for appointment.
Source reference: paras. 7–8The judgment cited no statute or judicial precedent.
Source reference: paras. 7–8Reasoning
The appellant had signed the service book acknowledging 7 May 1957, and the authority had considered and rejected her 2011 correction request based on the documents she submitted.
Source reference: paras. 7–9She did not challenge that rejection, and her later application was made near the end of her service.
Source reference: paras. 7–9The Higher Secondary School Examination Certificate supporting the 1957 date had not itself been corrected.
Source reference: paras. 7–9In these circumstances, the Court found no basis to disturb the Single Judge’s decision.
Source reference: paras. 7–9Holding
The Court held that the appeal lacked merit and dismissed it, finding no infirmity in the Single Judge’s order.
Original Court PDF
SMT. ASHA ACHARYAvsSTATE OF CHHATTISGARH
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