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Change in DoB can't be permitted at fag end of service: HC 5/25/2016 12:16:46 AM Early Times Report Jammu, May 24: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey today held that change in date of birth (DoB) could not be permitted at the fag end of the service career. The court directive came in petition, challenging an order of central administrative tribunal, Chandigarh, made in OA No 061/00032/2015 on September 2, 2015 wherein it had allowed an application of the respondent, seeking quashing of impugned order No C-18013/3/7(248) 2014-LC/250 of April 30, 2015 that had rejected the respondent's request to correct his DoB entered in his service book from May 31, 1955 to April 10, 1957. A direction was also sought to petitioners to treat his DoB as April 10, 1957 and reinstate him to the position he held before his enforced retirement on May 29, 2015 and treat the period from his the date of his retirement till the date of his actual joining as duty for all intents and purposes and his salary be also released to him. The respondent was also held entitled to cost of Rs 20,000 to be paid by the petitionerswithin three months from the date of order. The bench observed that change in DoB could not be permitted at the fag end of service career. In the instant case, according to the December 24, 2008 notification, it was made clear that no alteration of the entry should be allowed after five years. "Since it is a binding on the respondent who is governed by these rules, we are of the view that the tribunal has committed an error in ordering a correction in DoB of the respondent. The application for such change having been filed in 2009, which is in violation of the statutory rule, the order of the tribunal is liable to be set aside and accordingly, the writ petition is allowed and the order of the tribunal is set aside," the court directed. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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