No change in DoB at fag end of service: SC | India News – Times of India

0
148

[google-translator]

NEW DELHI: The Supreme Court on Tuesday held that a person cannot claim as a matter of right to get his or her date of birth changed if the application is made after inordinate delay and more particularly when it is made at the fag end of service or when the employee is about to retire on attaining the age of superannuation.
A bench of Justices M R Shah and A S Bopanna said the plea for change in date of birth by an employee can be rejected in such cases even if there is “cogent evidence” as allowing such plea could result in a chain reaction and others below him, waiting for years for their promotion, would get affected.
Referring to various judgements delivered by the apex court on the issue of change in date of birth, the bench said, “The law on change of date of birth can be summarised as under: (i) application for change of date of birth can only be as per the relevant provisions/regulations applicable; (ii) even if there is cogent evidence, the same cannot be claimed as a matter of right; (iii) application can be rejected on the ground of delay and more particularly when it is made at the fag end of service and/or when the employee is about to retire on attaining the age of superannuation.”
The court set aside the order of the Karnataka HC which had allowed the plea of a government employee for change in date of birth which he had sought 24 years after joining the service. The employee had sought change of date of birth from January 04, 1960 to January 24,1961.He had first filed a suit in lower court which was rejected but the HC passed order in his favour and his service got extended by one year.
The HC granted him relief on the ground that he was not aware of the rule that he had to apply for change of date of birth within three years after a 1974 law was adopted by the organisation in 1991.

FacebookTwitterLinkedinEMail

Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here