Facts
The applicant was engaged as a casual worker on January 27, 1975, with his date of birth (DOB) initially recorded in the Casual Labour Card and other internal documents as July 20, 1954
Source reference: p. 2He was granted temporary status in 1980.
Source reference: no citationHowever, following a Screening Committee report dated August 17, 1989, his DOB was recorded as June 30, 1951, allegedly based on an educational certificate
Source reference: p. 2, 6The applicant claimed he only discovered this discrepancy in 2008 via an official letter and subsequently submitted multiple representations for correction
Source reference: p. 2-3The respondents maintained that the 1951 date was legally valid, reflected in the 1989 panel list used for regularization, and corroborated by the applicant’s own signature on a 2011 declaration for railway passes
Source reference: p. 3The applicant was retired on June 30, 2011, based on the 1951 entry, leading to the present application seeking correction of records and consequential service benefits
Source reference: p. 3, 5Issues
1. Whether the applicant is entitled to the correction of his date of birth in service records from June 30, 1951, to July 20, 1954, after the conclusion of his service period
Source reference: p. 52. Whether the applicant’s retirement on June 30, 2011, based on the contested date of birth, was illegal or arbitrary
Source reference: p. 9Law Applied
The Tribunal applied the settled legal principle that a government servant cannot seek correction of their date of birth at the "fag end" of their career or after a long lapse of time
Source reference: p. 8It relied on Union of India v. Harnam Singh (1993), which established that while a servant may request a correction, they must do so without unreasonable delay, as the law of limitation applies to those who sleep over their rights
Source reference: p. 7-8It further cited State of Madhya Pradesh v. Premlal Shrivas (2011), emphasizing that courts must be cautious and circumspect when considering DOB corrections on the eve of superannuation to prevent administrative uncertainty
Source reference: p. 8Finally, it invoked Bharat Coking Coal Ltd. v. Shyam Kishore Singh (2020), reiterating that requests for DOB changes at the end of service are unsustainable
Source reference: p. 8-9Reasoning
The Tribunal found that the Screening Committee report dated August 17, 1989, which recorded the applicant's DOB as June 30, 1951, served as the basis for his regularization into service
Source reference: p. 6The Tribunal reasoned that since the applicant joined regular service based on this report, it is presumed he had knowledge of its contents at the time of publication
Source reference: p. 6The applicant failed to challenge this entry for nearly two decades, raising his first representation only in 2008
Source reference: p. 6-7The Tribunal rejected the applicant's plea of illiteracy, noting that the 1989 report specifically referenced an educational certificate provided by him
Source reference: p. 6It was determined that by failing to seek timely correction, the applicant had acquiesced to the 1951 date
Source reference: p. 7Consequently, applying the precedents against "fag end" litigation, the Tribunal held that the recorded date had attained finality and could not be disturbed decades later
Source reference: p. 9Holding
The Tribunal held that the date of birth recorded as June 30, 1951, cannot be altered at such a belated stage
It further ruled that the respondents' action in retiring the applicant on June 30, 2011, was neither illegal nor arbitrary as it was based on the validly maintained service record
Source reference: p. 9The Original Application was dismissed, and all associated miscellaneous applications were disposed of with no order as to costs
Source reference: p. 9Original Court PDF
UMA SHANKERvsUnion Of India
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