The Bombay High Court ruled that After 22 Years of Government Service, the DOB cannot be corrected.
Facts
The petitioner seeks correction of the date of birth in the service records.
Submission
Advocate for the Petitioner contended that though the date of birth of the Petitioner is recorded as 1st June 1971 in the school records so also the service records; however, the correct date of birth is 24th December 1973.
He submitted that the petitioner could realise the same only in March 2018 when he had visited the native place of his grandfather where renovation work was going on. The petitioner could lay his hands upon a handwritten date of birth maintained by the grandfather of the Petitioner.
AGP submitted that the Petitioner had never made any application within 5 (five) years of the date of joining. As such, now he is not entitled to the correction.
Decision
The division bench of the Acting Chief Justice S. V. Gangapurwala And Justice Sandeep V. Marne noted that the Petitioner, at no point of time, had filed an application for correction of date of birth in the service records prior to approaching this Court.
The bench observed that as per Rule 38(1) of the Maharashtra Civil Service (General Conditions) Rules 1981, an application ought to have been made within 5 (five) years from entering into the service.
The bench held that no case for interference was made out. The writ petition got dismissed.
Case title: Ramdas Mahadeo Khedekar v/s The State of Maharashtra & Ors.
Citation: Writ Petition No. 8670 Of 2021
