Excelsior Correspondent
Srinagar, Feb 19: High Court ruled that the Date of Birth of a Government employee once recorded cannot be altered after five years and the change of date of birth in service records cannot be claimed as a matter of right.
“The date of birth so declared by the Government servant and accepted, and once recorded by the appropriate authority in the service book or any other record of service of the Government servant, as the case may be, shall not be subject to any alteration, except in the case of clerical error without the orders of the Government”, Justice V C Koul said while dismissing the appeal filed against the judgments of trial court.
The aggrieved employee-Ghulam Nabi Sofi working in Forest Department challenged the judgments of Additional District Judge, Srinagar and 1st Additional Munsiff, Srinagar seeking setting-aside of both the judgments. The appellant-Sofi had approached the 1st Additional Munisff Srinagar for alteration in date of birth whereby his plea was rejected and he challenged the same before the court of Additional District Judge an appeal which also came to be dismissed by the said court resulting into challengeof both the judgments of courts below in an appeal in High Court.
Justice Koul has held the judgments by the court below as lucid, comprehensive and said these does not call for any interference inasmuch as there is no substance muchless material or cogent one in the instant appeal and, as such, it warrants dismissal.
The court said that the employee wants a change of date of birth to show him younger by five years, ostensibly, to get more five years’ service and service benefits. Justice Koul said that when a person seeks job or employment in a Government Department, he or she places reliance on the certificates, which are in his or her possession. “A person applying for a Government job, cannot be heard saying that he or she had no knowledge about his or her credentials and testimonials which he submitted when he or she applied for a government job”, read the judgment.
“No alteration of Date of Birth of a Government servant shall be made by the Government (Administrative Department) unless a request in this regard is made by the concerned Government servant within a period of five years of his/ her entry into Government service and it is clearly established a genuine or bonafide mistake has occurred”, Justice Koul recorded.
Justice Koul further added that the change of date of birth in service records cannot be claimed as a matter of right. The court also ought not to grant any relief even if it is shown that the date of birth, as originally recorded, was incorrect because the candidate concerned had represented a different date of birth to be taken into consideration obviously with a view that it would be to his advantage.
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