Madhya Pradesh High Court
Lallu Napit vs The State Of Madhya Pradesh on 27 June, 2018
1 WP-13777-2018
The High Court Of Madhya Pradesh
WP-13777-2018
(LALLU NAPIT Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 27-06-2018
Shri V.C.Rai, counsel for the petitioner.
Shri Ankit Agarwal, GA for respondents/state.
Petitioner is seeking alteration in the date of birth recorded in the service record. Challenge is made to the order dated 07.06.2018 whereby the respondents decided to retire the petitioner w.e.f. 30.06.2018. Petitioner has assailed it on the ground that the mark-sheet Annexure P/3 shows that the petitioner's date of birth is 25.06.1956. Shri Rai submits that petitioner came to know about this incorrect date of birth mentioned in the service record when he perused the seniority list in the year 2016. Immediately thereafter, he preferred representation dated 24.1.2017 (Annexure P/4) followed by reminders.
Shri Agarwal, GA opposed the said contention.
In the considered opined of this court in the service record there is no alteration/ over writing in the relevant column relating to the date of birth of the petitioner. In the service record itself petitioner has put his signature/ thumb impression which shows that he was duly aware about the date of birth recorded in the service record. As per clause 84 of the Madhya Pradesh Financial Code, the date of birth can be altered on limited grounds. In the event of any clerical error/ over-writing in the date of birth, correction can be ordered. In the present case, there is no such ground available to the petitioner. Petitioner cannot be permitted to seek alteration of date of birth in the December of his career. The Apex Court in Union of India Vs. Harnam Singh(AIR-1993 SC 1367 ) opined that date of birth cannot be directed to be corrected at the fag end of career of an employee even if a strong evidence is available in favour of the employee. A Division Bench of this Court in 2003(1) MPHT 148 (State of M.P. Vs. Mathura Singh and others) opined that as per Rule 84 of M.P.Financial Code, the date of birth can be directed to be altered only when there exists a clerical error or over-writing. The same view is taken by another bench of this court in 2007(1) MPLJ-286 (Surendra Singh Vs. State of M.P and others.
In the present case, as noticed, there is no such basis on the strength of which the date of birth recorded in the service record at the time of appointment of petitioner (on 02.12.1978) can be directed to be altered.
2 WP-13777-2018 Considering the aforesaid, I find no reason to entertain this petition. Petition fails and is hereby dismissed.
(SUJOY PAUL) JUDGE MKL Digitally signed by MANOJ KUMAR LALWANI Date: 2018.06.29 10:08:10 +05'30'