Union of India Vs. Ram Sua Sharma
EmailAppeal: Civil Appeal No. 3626 of 1996
(Arising out of SLP (C) No.14726 of 1995)
(Arising out of SLP (C) No.14726 of 1995)
Petitioner: Union of India
Respondent: Ram Sua Sharma
Apeal: Civil Appeal No. 3626 of 1996
(Arising out of SLP (C) No.14726 of 1995)
(Arising out of SLP (C) No.14726 of 1995)
Judges: K. RAMASWAMY & G.B. PATTANAIK, JJ.
Date of Judgment: Feb 15, 1996
Head Note:
SERVICE AND LABOUR LAW
Age – Date of birth – No court or tribunal at the belated stage entertain a claim for correction of the date of birth entered in the service records.
JUDGEMENT:
O R D E R
1. Leave granted.
2. The controversy raised in this appeal is no longer res integra. In a series of judgments, this Court has held that a court or tribunal at the belated stage cannot entertain a claim for the correction of the date f birth duly entered in the service records. Admittedly, the respondent had joined the service on December 16, 1962. After 25 years, he woke up and claimed that his correct date of birth is January 2, 1939 and not December 16, 1934. That claim was accepted by the Tribunal and it directed the Government to consider the correction. The direction is per se illegal.
3. The appeal is accordingly allowed. No costs.
1. Leave granted.
2. The controversy raised in this appeal is no longer res integra. In a series of judgments, this Court has held that a court or tribunal at the belated stage cannot entertain a claim for the correction of the date f birth duly entered in the service records. Admittedly, the respondent had joined the service on December 16, 1962. After 25 years, he woke up and claimed that his correct date of birth is January 2, 1939 and not December 16, 1934. That claim was accepted by the Tribunal and it directed the Government to consider the correction. The direction is per se illegal.
3. The appeal is accordingly allowed. No costs.
