Alteration in date of birth should not be made just before the retirement – Supreme Court Judgement – Civil Appeal No. 5720-5721 of 2021.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5720 OF 2021
10. Considering the aforesaid decisions of this Court the law on change of date of birth can be summarized as under:
- application for change of date of birth can only be as per the relevant provisions/regulations applicable;
- even if there is cogent evidence, the same cannot be claimed as a matter of right;
- application can be rejected on the ground of delay and latches also 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.
11. Therefore, applying the law laid down by this court in the aforesaid decisions, the application of the respondent for change of date of birth was liable to be rejected on the ground of delay and laches also and therefore as such respondent employee was not entitled to the decree of declaration and therefore the impugned judgment and order passed by the High Court is unsustainable and not tenable at law.
12. However, considering the fact that when the impugned judgment and order passed by the High Court has been implemented and respondent No.1 has retired thereafter considering his date of birth as 24.01.1961, it is observed that the present judgment and order shall not affect respondent No.1 – employee and we decide the question of law in terms of the above in favour of the appellant – corporation. With this Civil Appeal No. 5720 of 2021 stands disposed of.
13. So far as the Civil Appeal No.5721 of 2021 arising out of the SLP No.1062 of 2020 is concerned, it is true that while passing the impugned judgment and order the High Court heavily relied upon the judgment in RFA No.1674 of 2013 (subject matter of Civil No.5720 of 2021) which also is not sustainable in law as observed hereinabove.
However considering the fact that thereafter after the impugned judgment and order dated 05.11.2019 passed by the High Court in W.P. No.109447 of 2019 directing the appellant – corporation to consider the case of the original writ petitioner – respondent herein in light of the decision in the case of RFA No.1674 of 2013, the case of the respondent came to be reconsidered and his prayer for change of date of birth came to be rejected on the ground of delay and laches and even thereafter also the fresh decision was challenged before the learned Single Judge and the learned Single Judge has also dismissed the subsequent writ petition. Therefore, no further order is required to be passed in the present appeal and is accordingly disposed of. However, question of law is decided in favour of the appellant – corporation as observed hereinabove.
(M. R. SHAH)
September 21, 2021
click for full judgment: 24.09.2021 supreme court judgeent on belated correction in Birth Date