Facts
The appellant challenged the dismissal of his writ petition, which sought alteration of his date of birth in his service records.
Source reference: p.2He contended that although he entered Government service temporarily on 15 July 2003, he was permanently absorbed only in 2010 and had applied to alter his date of birth within five years of absorption.
Source reference: p.2He relied on a birth certificate issued in 2017.
Source reference: p.2The Single Judge dismissed the writ petition, finding the application belated; the appellant had retired on 30 April 2020.
Source reference: pp.2–3Issues
Whether the appellant’s application to alter his date of birth was entertainable, having regard to his claim that the relevant five-year period ran from his permanent absorption in 2010.
Source reference: p.2Whether the birth certificate issued in 2017 could establish the appellant’s correct date of birth and justify alteration of his service records.
Source reference: p.2Law Applied
The judgment cites no specific statute, service rule, or precedent.
Source reference: no citationIt applies the principles that an application to alter a date of birth in service records, made after a long delay and after retirement, is not ordinarily entertainable; and that a birth certificate issued years later on the basis of an application by the person concerned is not, by itself, conclusive proof of the correct date of birth.
Source reference: pp.2–3Reasoning
The Court was not persuaded by the appellant’s argument that the five-year period should be calculated from his permanent absorption in 2010.
Source reference: pp.2–3It considered the 2017 birth certificate insufficiently reliable as conclusive proof because it had been issued on the basis of an application made by the appellant.
Source reference: pp.2–3The Court also relied on the lateness of the request, the appellant’s retirement in 2020, and the broader repercussions that could follow from permitting long-delayed corrections to dates of birth.
Source reference: pp.2–3Holding
The Court dismissed the writ appeal and confirmed the Single Judge’s order dismissing the writ petition.
It made no order as to costs and closed any connected miscellaneous petitions.
Source reference: p.3Original Court PDF
R. MURUGESANvsThe Commissioner of Revenue Administration
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