A government employee’s date of birth, once noted in their service book, cannot be changed after five years, according to the J&K&L High Court.
The Jammu & Kashmir and Ladakh High Court ruled that a government employee’s declared date of birth, once entered in their service book, cannot be changed after five years. The Court rejected the employee’s Second Appeal, supporting the Trial Court’s decision to deny his request for a date of birth correction. Justice Vinod Chatterji Koul stated, “The Government (Administrative Department) will not change a government servant’s date of birth unless the employee requests it within five years of starting their service and proves that a genuine mistake was made.”
Senior Advocate M.Y. Bhat represented the Appellant, while Advocate Mir Majid Bashir represented the Respondents. The employee wanted to change his date of birth from January 3, 1953, to December 31, 1958, claiming the error was due to his illiterate parents. After finding the mistake in school and birth records, he sought correction from the authorities, but his request was denied, prompting him to file a civil suit.
The High Court stated that the “Impugned judgments are clear, thorough, and do not require any changes, as there is no substantial evidence in this appeal, leading to its dismissal.” The Court noted that Rule 35 AA of the J&K Civil Services Regulations 1956 states that a person’s date of birth cannot be changed after five years. It explained that once a government employee’s date of birth is recorded by the proper authority in their service book or other records, it cannot be altered, except for clerical errors and without government approval. The Court emphasized that changing the date of birth in service records is not a right. The Supreme Court has also stated that the date of birth is important for both the employer and the employee. The Court mentioned that it should not provide relief even if the originally recorded date was wrong, especially if the individual had previously submitted a different date to gain an advantage.
As a result, the Court concluded that a person applying for a government job cannot claim ignorance about the credentials or testimonials they submitted with their application. Therefore, the High Court dismissed the Appeal.
Cause Title: Ghulam Nabi Sofi v. State of J&K & Ors. (CSA no.08/2014)
Appearance:
Appellant: Senior Advocate M.Y. Bhat; Advocate Sajid Bhat
Respondents: Advocate Mir Majid Bashir; GA Jehangir A. Dar
