Facts
The petitioner was initially engaged as a daily wager and later regularized as an Orderly on August 13, 1996
Source reference: para. 2Following a medical examination where a Medical Officer certified his age as 35 years, his date of birth (DOB) was recorded in his service book as October 19, 1961
Source reference: para. 2On December 10, 2021, nearing his retirement, the petitioner applied to correct his DOB to May 19, 1969, based on his Aadhar Card, PAN Card, Driving License, and a birth certificate obtained on October 25, 2021
Source reference: paras. 3, 6, 7The respondent Corporation rejected the request on January 19, 2022, and again on October 4, 2023, following the withdrawal of a previous writ petition
Source reference: paras. 3-5The petitioner retired on October 31, 2023, based on the original service record
Source reference: para. 5Issues
1. Whether the respondent Corporation was justified in rejecting the petitioner's request for correction of his date of birth at the end of his service career.
Source reference: para. 1, 132. Whether documents such as Aadhar cards, PAN cards, and birth certificates obtained shortly before retirement constitute "irrefutable proof" sufficient to override the service book entry under Rule 84 of the M.P. Financial Code.
Source reference: para. 14Law Applied
Rule 84 of the M.P. Financial Code, which mandates that the date of birth declared and recorded at the time of appointment is "absolutely conclusive" and prohibits revisions except in cases of clerical errors
Source reference: para. 9State of M.P. v. Premlal Shrivas (2011) 9 SCC 664, which established that courts must be circumspect in correcting DOB entries at the "fag end" of a career and that the onus is on the employee to prove a clerical error
Source reference: para. 10Secretary and Commissioner Home Department v. R. Kirubakaran (1994) Supp. (1) SCC 155, holding that DOB corrections have a "chain reaction" affecting the seniority and promotion of others, thus requiring evidence of an "unimpeachable character"
Source reference: para. 11Reasoning
The court found that the petitioner’s DOB was recorded in 1996 based on a medical certificate, and he failed to take any steps for correction for 25 years until 2021
Source reference: para. 13Applying Rule 84 of the M.P. Financial Code, the court noted that the petitioner did not claim a "clerical error," but sought a substantive change, which is prohibited once the entry becomes conclusive
Source reference: para. 13Regarding the supporting evidence, the court observed that the Aadhar card, PAN card, and Driving License were prepared long after the petitioner’s birth without a clear foundational basis for the dates recorded therein
Source reference: para. 14Crucially, the birth certificate was obtained only in October 2021, suggesting it was procured specifically to extend service
Source reference: para. 14Following the precedents in Premlal Shrivas and R. Kirubakaran, the court determined that the petitioner slept over his rights and failed to produce "irrefutable proof" to justify a late-career modification
Source reference: paras. 10-13Holding
The High Court dismissed the writ petition, holding that the respondent Corporation’s decision to reject the DOB correction was just and proper
The court affirmed that the date of birth recorded at the commencement of service is binding, especially when the request for change is made at the end of the service career without evidence of a clerical error
Source reference: paras. 13, 15No relief was granted to the petitioner
Source reference: para. 15Original Court PDF
Ashok KhanvsThe State Of Madhya Pradesh
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