Union Of India vs Harnam Singh on 9 February, 1993
The above observations of the Supreme Court apply with full force to the facts of the instant case. The applicant in the instant case has woken up about his date of birth only at the time of his retirement. It is not that he did not know that his birth date was not correctly recorded in the service-sheet as the facts clearly disclosed that he knew about the same and that he had given different birth dates at different times. His school leaving certificate showed his birth date as 09.3.36 while at the time of joining the service with the BB and CI railways in 1953 he has given his birth date of that of 23.4.29 and in his service sheet of western railway he has given his birth date as 09.3.34. Thereafter in an application for NOC signed by him, he has given his birth date as 09.3.39, whole in his P.P. withdrawl form dated 28.1.80, he has given his birth date as 21.3.34 and in his option form he has given his birth date as 09.3.36 and till 09.5.90, when he first made representation for change of date of birth he had not made any endeavour to get his date of birth altered in the service book. Hence, in view of the decision in the case of Harnam Singh (supra) as well as in the case of Kantilal Hematram Pandya (supra) his case for change of birth date cannot be sympathetically considered.