No change in DoB at fag end of service: SC

No change in DoB at fag end of service: SC

AmitAnand.Choudhary@timesgroup.com

New Delhi:22.09.2021

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.