Secretary & Commissioner, Home ... vs R. Kirubakaran on 21 September, 1993
Having perused the paper book and keeping in view
the nature of controversy, we are of the considered view that
no change in the date of birth can be permitted. It is well settled
that if a person on the eve of his retirement approach the Court
for change in his date of birth, such a prayer cannot be
accepted. In support of the afore-mentioned proposition
reliance may be placed on the judgement of Hon'ble the
Supreme Court in the case of G.M. Bharat Cooking Coal ltd. v.
Shib Kumar Dushad (2000) 8 SCC 696 wherein it has been
pointed out that the date of birth of an employee is not only
important but it also effects the employer and the co-
employees. The quantum of retiral benefits to which an
employee would be entitled has to be determined on the basis
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of length of service rendered by him. It has also been held that
when dispute of such a nature has to be determined then the
Courts have to keep in mind that change of date of birth long
after joining the service particularly when the employee is due
to retire shortly then it would upset the date recorded in the
service record maintained in due course of administration. Such
a request should not generally be accepted because it is the
employee who had earlier supplied his date of birth which it
continued in the service record for two-three decades. It has
also been pointed out that his co-employees have also planned
their career on the basis of expected vacancy which has to occur
on the retirement of such an employee who seeks change in the
date of birth. If the legitimate expectation of such an employees
who are waiting for anticipated vacancy are defeated on account
of extended period by changing date of birth then it would
result in all unjust results. Similar view has been expressed in the
case of Secretary and Commissioner Home Department v.
R.Kirubakaran 1994 Suppl. (1) SCC 155. The principle of estoppel
would also be attracted because an employee has continuously
represented the department about his date of birth which he
seeks the department to change on a subsequent date.