- Court
- Supreme Court of India
- Decided
- 15 February 1996
- Bench
- K. Ramaswamy, G. B. Pattanaik
- Result
- Appeal allowed.
Headnote
Service Law:
Date of Birth as entered in service recordS-:-Co1Tection of-Claim made after 25 year~T1ibunal accepting the same and directing the Government to consider the con-ection-Held: The direc1ion is per se illegal.
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
Leave granted.
The controversy raised in this appeal is no longer res integra. In a series of judgments, this Court has held that a court or tribunal at the belated stage cannot entertain a claim for the correction of the date of birth duly entered in the service records. Admittedly, the respondent had joined the service on December 16, 1962. After 25 years he woke up and claimed that his correct date of birth is January 2, 1939 and not December 16, 1934. That claim was accepted by the Tribunal and it directed the Government to consider the correction. The direction is per se illegal.
The appeal is accordingly allowed. No costs.
Case details
Arising from
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3626 of 1996.
From the Judgment and Order dated 23.12.94 of the Central Ad-ll}inistrative Tribunal, Jabalpur, in O.A. No. 270 of 1994.
Appearances
Ms. Niranjana Singh and Ms. Anil Katiyar for the Appellants. T.G.N. Nair for the Respondents.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.