STATE TIMES NEWS
JAMMU: A Division Bench of State High Court on Tuesday ruled that change in the Date of Birth (DoB) cannot be permitted at the fag end of the service career.
This significant judgment has been passed by the Division Bench comprising Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey in petition Union of India and its officers, challenging the order of the Central Administrative Tribunal, Chandigarh Bench made in OA No. 061/00032/2015 dated 02.09.2015 wherein the Tribunal has allowed the application of the respondent seeking quashing of impugned order bearing No. C-18013/3/7(248) 2014-LC/250 dated 30.04.2015, rejecting the request of the respondent to correct his date of birth, entered in his service book, from May 31, 1955 to that of April 10, 1957 with a direction to the petitioners to re-instate him to the position he has held before his forced retirement and to treat the period from May 2015 till the date of his actual joining as duty for all intents and purposes and his salary released to him. The respondent was also held entitled to cost of Rs. 20,000 to be paid by the petitioners within three months from the date of order.
Division Bench observed that change in the date of birth cannot be permitted at the fag end of the service career. In the instant case, according to the Notification dated 24th December, 2008, it was made clear that no alteration of the entry should be allowed after five years and said that this is binding on the respondent who is governed under the said rules.
“We are of the view that the Tribunal has committed an error in ordering correction of date of birth of the respondent. The application for such change having been filed in the year 2009, which is in violation of the statutory rule, the order of the Tribunal is liable to be set aside and accordingly the writ petition is allowed and the order of the Tribunal is set aside.
