Date of birth (as recorded in high school/equivalent exam certificate) entered into service records at the time of joining government service, to prevail for all purposes

Allahabad High Court:  The Division Bench of  Dr D. Y. Chandrachud, C.J. and Yashwant Varma, J. has held that an application by a government servant for correction of the date of birth in the service record, made belatedly after entering into service, should not be entertained. The principle as laid down in Rule 2 of the U.P. Recruitment to Services (Determination of Date of Birth) Rules, 1974 provides that the date of birth of a government servant as recorded in the certificate of his having passed the High School or equivalent examination at the time of his entry into government service shall be deemed to be his correct date of birth for all purposes in relation to service. Rule 2 also provides that in a situation where an employee has passed the High School examination after joining the service, the date of birth entered at the time of his entry in service or age recorded in the service book at the time of his entry into government service shall be treated as the correct date of birth. Setting aside the impugned judgment, the Cout held that the Single Judge was manifestly in error in entertaining the writ petition and in directing the grant of relief for correction in the date of birth of the respondent from February 15, 1956 to February 15, 1959 virtually on the eve of his retirement. [State of U. P. v. Tej Ram Kashyap, 2016 SCC OnLine All 160, decided on  February 29, 2016]

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