Facts
The petitioner was appointed as a Beldar (daily wager) in the respondent department on April 1, 1980
Source reference: para. 3At the time of induction, his date of birth (DOB) was recorded in the service records as December 9, 1950, based on particulars provided by the petitioner himself
Source reference: para. 4, 6The petitioner retired from service on December 31, 2012
Source reference: para. 3Five years post-retirement, in 2017, the petitioner approached the High Court seeking a correction of his DOB to January 10, 1962, based on a medical examination conducted on January 1, 2013
Source reference: para. 2, 3The petitioner contended that as an uneducated Class-IV employee, he was unaware of the recorded error or his legal remedies earlier
Source reference: para. 3Issues
1. Whether a government servant is entitled to seek the correction of their date of birth in service records at the "fag end" of their career or after retirement
Source reference: para. 8, 122. Whether the delay of over three decades in challenging the recorded date of birth constitutes laches, rendering the petition barred
Source reference: para. 7, 163. Whether Rule 84 of the M.P. Financial Code allows for the revision of a declaration of age several decades after induction into service
Source reference: para. 10, 11Law Applied
The court primarily applied Rule 84 of the M.P. Financial Code, which stipulates that the date of birth recorded at the time of appointment is deemed absolutely conclusive and cannot be revised later except in cases of clerical error
Source reference: para. 10, 11The court relied on the Supreme Court’s decision in Karnataka Rural Infrastructure Development Limited v. M.C. Subramaniam Reddy (2021), which held that applications for DOB correction can be rejected on grounds of delay and laches, particularly when made at the fag end of service
Source reference: para. 8, 9It further applied principles from State of M.P. v. Premlal Shrivas (2011), emphasizing that courts must be circumspect in correcting DOB records near superannuation to prevent "chain reactions" affecting the seniority and promotion of other employees
Source reference: para. 12, 13Reasoning
The court found that the petitioner had personally filled his employment particulars in 1980, including the DOB of December 9, 1950; therefore, he could not be permitted to "take a U-turn" decades later
Source reference: para. 4, 6Applying the M.P. Financial Code, the court noted that the recorded DOB constitutes conclusive proof and the petitioner failed to prove that the entry resulted from a clerical error by the department rather than his own declaration
Source reference: para. 11, 15Regarding the timing, the court observed a 32-year delay between the induction into service (1980) and the filing of the petition (2017)
Source reference: para. 16The court reasoned that the petitioner "slept over his rights" and that his lack of education did not justify the extraordinary delay
Source reference: para. 13, 16The court emphasized that even if cogent evidence (such as a medical report) exists, correction cannot be claimed as a matter of right at the end of a career because it disrupts administrative stability and the rights of other employees
Source reference: para. 9, 12Holding
The Court dismissed the writ petition, holding that the claim for correction of date of birth was unsustainable due to gross delay and laches
The court held that a request for change of DOB at the fag end of service or after retirement is not permissible under law, especially when the employee had originally verified the service record particulars
Source reference: para. 8, 12No costs were awarded
Source reference: para. 17Original Court PDF
Rammu ValmikivsThe State Of Madhya Pradesh
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