Supreme Court of India
Union Of India vs Ram Sua Sharma on 15 February, 1996
Equivalent citations: 1996 SCC (7) 421, JT 1996 (3) 72, AIRONLINE 1996 SC 309, 1996 (7) SCC 421, 1996 SCC (L&S) 605, (1996) 1 CUR CC 327, (1996) 2 UPLBEC 968, (1996) 2 ALL WC 894, (1996) 1 SERV LR 16, (1996) 72 FAC LR 834, (1996) 2 LAB LJ 939, (1996) 1 CUR LR 662, (1996) 2 SCR 732, (1996) 33 ATC 298, (1996) 3 JT 72.1, 1996 LAB LR 585, 1996 UP CRIR 469, (1996) 20 ALLCRIR 429, (1996) 2 SCR 732 (SC), (1996) 3 JT 72(1) (SC), (1996) 3 JT 72 (SC)
Author: K. Ramaswamy
Bench: K. Ramaswamy
PETITIONER: UNION OF INDIA Vs. RESPONDENT: RAM SUA SHARMA DATE OF JUDGMENT: 15/02/1996 BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J) CITATION: 1996 SCC (7) 421 JT 1996 (3) 72 1996 SCALE (2)596 ACT: HEADNOTE: JUDGMENT:
O R D E R 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 Decenber 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.