alteration in date of birth basis birth certificate issued by Registrar Birth

[PURUSHOTTAM AGRAWAT]

Autonomous bodies registered with Act 1860 fully funded by Central Government, India , Employees appointed by this type of autonomous bodies are a central Government Employees. or Appointment in Government Service if any join autonomous bodies in regular post in pay scale. Rules regarding Correction /alteration in Date of Birth for autonomous bodies please state, As DOPT orders clarify that withing five after entering in to Government Service any employee can request for change in Date of Birth in Service book, No belated request is acceptable.

Query Autonomous bodies employees service after appointment treated as Government Service.

if No what will be the rules for Correction in Date of Birth in Service book for employees of Autonomous bodies.

[Dr. Ashok Dhamija]

It will depend on any restriction placed on the change of date of birth after a specified period of service in the autonomous bodies, if any. Such bodies may have applied the same Government restriction or may have their own restrictions or may have no restriction at all. So, you’ll have to check the relevant provision applicable in a particular autonomous body on this issue, where you may be working. You can file RTI application to get this information from the concerned autonomous body. If an autonomous body does not have any restrictions on making of a request for change of date of birth after joining service, then also it may have to done in a reasonable period, as decided by the Supreme Court.

In this regard, please also see my recent answer at the following link: Change of date of birth in Government service 8 years after joining.

As mentioned in the said answer, it is pertinent to point out that in the case of Union of India v. Harnam Singh, (1993) 2 SCC 162 : AIR 1993 SC 1367, the Supreme Court observed as under:

“A Government servant, after entry into service, acquires the right to continue in service till the age of retirement, as fixed by the State in exercise of its powers regulating conditions of service, unless the services are dispensed with on other grounds contained in the relevant service rules after following the procedure prescribed therein. The date of birth entered in the service records of a civil servant is, thus of utmost importance for the reason that the right to continue in service stands decided by its entry in the service record. A Government servant who has declared his age at the initial stage of the employment is, of course, not precluded from making a request later on for correcting his age. It is open to a civil servant to claim correction of his date of birth, if he is in possession of irrefutable proof relating to his date of birth as different from the one earlier recorded and even if there is no period of limitation prescribed for seeking correction of date of birth, the Government servant must do so without any unreasonable delay. In the absence of any provision in the rules for correction of date of birth, the general principle of refusing relief on grounds of laches or stale claims, is generally applied by the courts and tribunals. It is nonetheless competent for the Government to fix a time-limit, in the service rules, after which no application for correction of date of birth of a Government servant can be entertained. A Government servant who makes an application for correction of date of birth beyond the time, so fixed, therefore, cannot claim, as a matter of right, the correction of his date of birth even if he has good evidence to establish that the recorded date of birth is clearly erroneous. The law of limitation may operate harshly but it has to be applied with all its rigour and the courts or tribunals cannot come to the aid of those who sleep over their rights and allow the period of limitation to expire. Unless altered, his date of birth as recorded would determine his date of superannuation even if it amounts to abridging his right to continue in service on the basis of his actual age.”

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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