Govt Employee Cannot Alter Date Of Birth In Service Records After 5 Years Of Submitting Credentials: J&K High Court
1 month ago

Govt Employee Cannot Alter Date Of Birth In Service Records After 5 Years Of Submitting Credentials: J&K High Court

Live Law  

The Jammu and Kashmir High Court has held that the date of birth declared by a Government servant and thereafter recorded by the appropriate authority in the service book or any other record, shall not be subject to any alteration, except in the case of a clerical error, without the orders of the Government. The court also held that no alteration in the date of birth of the employee can be made by the administrative department unless the employee has approached the Government within a period of five years and demonstrated that such a mistake was genuine and bona fide. The court said the plaintiff wanted to change his date of birth to show himself younger by five years, ostensibly to get five more years of service and service benefits. The court held that the present case was governed by the Civil Service Regulations of 1956, which clearly mention that the date of birth shall be recorded based on the matriculation certificate, which, in this case, was produced by the appellant at the time of joining his services and was also signed by him in the service records. The appellant approached the civil court for a declaration; however, the trial court rejected the suit as being barred by limitation and the service rules, which prohibit altering the date of birth after five years of submitting the credentials.

Record Court Birth Service Held Date Five Years Credentials Appellant Service Records  court  date  records  credentials  case  held  employee  matriculation  service  appellant  birth  submitting  record  jk  govt  high

History of this topic

Requests Made By Govt Employees To Change Birthdate In Service Records Beyond Reasonable Time Should Not Be Entertained: Bombay High Court
1 month, 2 weeks ago

Requests Made By Govt Employees To Change Birthdate In Service Records Beyond Reasonable Time Should Not Be Entertained: Bombay High Court

Live Law  

The Bombay High Court recently while refusing to grant any relief to a Pune-based Police Inspector said any request from a public servant to change in date of birth in service records, beyond reasonable time, should not be permitted. A division bench of Justices Atul Chandurkar and Milind Sathaye said that in such cases, mostly government employees seek such changes …

Employees Should Not Be Permitted To Change Date Of Birth At The Fag End Of Their Service Career: Orissa High Court
2 years, 9 months ago

Employees Should Not Be Permitted To Change Date Of Birth At The Fag End Of Their Service Career: Orissa High Court

Live Law  

The Orissa High Court has held that applications of employees to change their date of birth should not be entertained when they apply for the same at the fag end of their service career. A Single Judge Bench of Justice Sanjeeb Kumar Panigrahi observed, "Apart from the notification and the said guidelines, the Hon'ble Supreme Court in a series of …

Employers Can't Dispute Employees' Date Of Birth At Fag End Of Their Service : Supreme Court
2 years, 11 months ago

Employers Can't Dispute Employees' Date Of Birth At Fag End Of Their Service : Supreme Court

Live Law  

The Supreme Court has held that the rule that employees cannot raise a dispute relating to date of birth at the fag end of their service is equally applicable to employers as well.A bench comprising Justices DY Chandrachud and Aniruddha Bose set aside the decision of Hindustan Copper Ltd, a Public Sector Undertaking, to reduce the VRS benefits to an …

Change Of Date Of Birth In Service Records Cannot Be Claimed As Of Right; Can Be Rejected For Delay & Latches : Supreme Court
3 years, 6 months ago

Change Of Date Of Birth In Service Records Cannot Be Claimed As Of Right; Can Be Rejected For Delay & Latches : Supreme Court

Live Law  

The Supreme Court observed that change of date of birth in the service record cannot be claimed as of right, even if there is cogent evidence.Such applications, the court said, can only be processed as per the relevant provisions/regulations applicable. The Supreme Court observed that change of date of birth in the service record cannot be claimed as of right, …

Supreme Court To Hear Army Chief's Petition On Age Row On Feb 3
13 years, 1 month ago

Supreme Court To Hear Army Chief's Petition On Age Row On Feb 3

India TV News  

New Delhi, Jan 26: The Supreme Court will hear on February 3 the petition filed by Army chief General V K Singh seeking a direction to the government to declare his date of birth as May 10, 1951 instead of May 10, 1950. Gen Singh's unprecedented action in dragging the government to the apex court followed the Defence Ministry's insistence …

Lack Of Procedure In Determining My DOB, Gen V K Singh Tells SC
13 years, 2 months ago

Lack Of Procedure In Determining My DOB, Gen V K Singh Tells SC

India TV News  

New Delhi, Jan 19: Army Chief Gen V K Singh has told the Supreme Court that he was treated by the government in a manner which reflects total lack of procedure and principles of natural justice in deciding his age. In his 68-page petition challenging the government's decision on determining his date of birth as 10.5.1950 and not 1951, he …

SC: No change in date of birth after prolonged delay
13 years, 5 months ago

SC: No change in date of birth after prolonged delay

Hindustan Times  

As the row over army chief’s age remains unsettled, the Supreme Court has ruled a government servant’s request for correction of his date of birth, recorded in his service books at the time of induction, cannot be accepted if he/she makes the claim after a long time had lapsed. A bench of Justice DK Jain and Justice AK Ganguly said …

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