Mumbai Local

HC rejects SI’s plea to change date of birth

The Bombay High Court recently dismissed a petition of a sub-inspector seeking to change his date of birth after 32 of service and at the time of his retirement.

Devendra Shinde, 58, moved the HC against an order passed by the Maharashtra Administrative Tribunal that rejected his claim to correct his birth date in his service records from January 1958 to October 1958. On the basis of his SSC certificate, Shinde joined the service in March 1983. He contended there had been an “incorrect entry” of his birth date in the service book.

A division bench of Chief Justice DH Waghela and Justice VK Tahilramani said that he was not an illiterate person, and occupying an important post in the government. They said Rule 38 of the Maharashtra Civil Services (General Conditions of Service) Rules, 1981, did not permit for change in the date of birth of a government servant after five years of joining the service.

The advocate appearing for the State said, “Shinde’s claim is wrong and lacks credibility and that he has acknowledged the date entered in the entry book by signing on it”. He said Shinde had produced a duplicate copy of the SSC certificate that was issued in 2014 and similarly, the birth certificate (claiming the new date) was also issued in 2015.

The court order read that Mr Shinde first made a request for correction in his date of birth in May 2012. He made this request after coming to know that as per the seniority list, his date of retirement was January 2016.

The seniority list is published time to time and it contains the date of retirement. The petitioner must have received copies of this list time to time. He has not only signed the first page of his service book but, thereby, has accepted all the entries, including his date of birth which is shown as 1.1.1958.

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Printable version | Jul 27, 2021 2:38:06 AM |

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