Chief Medical Officer Vs. Khadeer Khadri
EmailAppeal: Civil Appeal No 748 of 1995
(Arising out of SLP No.17589/94)
(Arising out of SLP No.17589/94)
Petitioner: Chief Medical Officer
Respondent: Khadeer Khadri
Apeal: Civil Appeal No 748 of 1995
(Arising out of SLP No.17589/94)
(Arising out of SLP No.17589/94)
Judges: K. RAMASWAMY & SUJATA V. MANOHAR, JJ.
Date of Judgment: Jan 10, 1995
Head Note:
SERVICE AND LABOUR LAW
Andhra Pradesh Public Employees (Recording and Alteration of Date of Birth) Rules, 1984:
Rule 2(5) – Held that the mistake of recording in 1951 of the date of birth as 1933 was neither clerical nor bonafide – Subsequent belated attempt to rectify the date of birth to his advantage being not bona fide, appeal is allowed.
Held:
No doubt, sub-rule (5) of Rule 2 of the Andhra Pradesh Public Employees (Recording and Alteration of Date of Birth) Rules, 1984, provides power for correction of the bona fide mistake in recording the date of birth. It cannot be said that it is a clerical mistake. The date of birth having been given and recorded in the service register as early in 1951, it was not a bona fide mistake. He did not avail of the opportunity when, twice, it was available to him to have it corrected. It would clearly show that subsequent belated attempt is not a bona fide one but to have the correction made to his advantage after the bar of limitation created by the rules. The Tribunal has not properly considered the matter in this perspective. The appeal is allowed. (Para 4)
JUDGEMENT:
ORDER
1. Delay condoned.
2. Leave granted.
3. Admittedly, the respondent joined the service on November 15, 1951, and had given the date of birth as November 14, 1933. In 1991, on his making a representation to the Corporation claiming that his date of birth is July 15, 1934, his request for correction was turned down. He filed O.A.No.48263/91 before the Andhra Pradesh Administrative Tribunal, Hyderabad. By the impugned order dated October 8, 1993, the Tribunal allowed the petition and directed to make the correction. Thus this appeal by special leave.
4. No doubt, sub-rule (5) of Rule 2 of the Andhra Pradesh Public Employees (Recording and Alteration of Date of Birth) Rules, 1984, provides power for correction of the bona fide mistake in recording the date of birth. It cannot be said that it is a clerical mistake. The date of birth having been given and recorded in the service register as early in 1951, it was not a bona fide mistake. The respondent claimed that he discovered the mistake in 1991 that his date of birth instead is July 15, 1934 but it was recorded as November 14, 1933. This is only a ruse to get over the bar of limitation to have the date of birth entered in the service record corrected. The rules prescribe the procedure for laying the application within three years from the date of entering into service. In 1976, executive instructions were issued for correction of date of birth which were replaced by statutory rules issued in 1984. The latter also prescribes the procedure. He did not avail of the opportunity when, twice, it was available to him to have it corrected. It would clearly show that subsequent belated attempt is not a bona fide one but to have the correction made to his advantage after the bar of limitation created by the rules. The Tribunal has not properly considered the matter in this perspective. The appeal is allowed. O.A. stands dismissed. No costs.
1. Delay condoned.
2. Leave granted.
3. Admittedly, the respondent joined the service on November 15, 1951, and had given the date of birth as November 14, 1933. In 1991, on his making a representation to the Corporation claiming that his date of birth is July 15, 1934, his request for correction was turned down. He filed O.A.No.48263/91 before the Andhra Pradesh Administrative Tribunal, Hyderabad. By the impugned order dated October 8, 1993, the Tribunal allowed the petition and directed to make the correction. Thus this appeal by special leave.
4. No doubt, sub-rule (5) of Rule 2 of the Andhra Pradesh Public Employees (Recording and Alteration of Date of Birth) Rules, 1984, provides power for correction of the bona fide mistake in recording the date of birth. It cannot be said that it is a clerical mistake. The date of birth having been given and recorded in the service register as early in 1951, it was not a bona fide mistake. The respondent claimed that he discovered the mistake in 1991 that his date of birth instead is July 15, 1934 but it was recorded as November 14, 1933. This is only a ruse to get over the bar of limitation to have the date of birth entered in the service record corrected. The rules prescribe the procedure for laying the application within three years from the date of entering into service. In 1976, executive instructions were issued for correction of date of birth which were replaced by statutory rules issued in 1984. The latter also prescribes the procedure. He did not avail of the opportunity when, twice, it was available to him to have it corrected. It would clearly show that subsequent belated attempt is not a bona fide one but to have the correction made to his advantage after the bar of limitation created by the rules. The Tribunal has not properly considered the matter in this perspective. The appeal is allowed. O.A. stands dismissed. No costs.
