correction in date of birth in service book of employee in autonomous bodies.

[PURUSHOTTAM AGRAWAT]

7th order mentioned that employees of autonomous bodies are not central government servant. ABs are governed by their own rules said in reply by Itegrated Finance Division Ministry of Finance to Ministry of Enviornment. My request to take you opinion that when autonomous bodies are not central government servant. DOPTs order 2014 said that request within five year for alteration in date of birth after entry into Government service. No belated request will be entertained. Others also said on the basis of irrefutable evidence need for alteration/correction in date of birth. As Matricualate examination passed by the candidate after birth so determiniation of age is based on birth details so Birth Certificate is a valid evidence of irrefutable nature under indian evidence act and can not be denied. When other authority can change birth details on the basis of Birth Certificate like PAN Card, Aadhar Card, Driviling Licence etc. Why this limitation of five years in DOPTs Guidelines Whether this is in justice for employee or restriction for illegal alteration in date of birth. Kindly advice what to do in this regard

[Dr. Ashok Dhamija]

See the following two replies on similar questions:

• Change of date of birth in Government service 8 years after joining
• alteration in date of birth basis birth certificate issued by Registrar Birth

It is true that the autonomous bodies controlled by the Government can adopt their rules and their employees would be governed by their rules. But, there is no prohibition on such autonomous bodies to adopt the government rules or rules similar to the government rules. Generally, in fact, adoption of the government rules by such bodies may be beneficial to their employees since the government rules usually follow the basic principles of natural justice, they are in conformity with the laws, and they are framed after experience of several decades.

So while it is not mandatory that the government rules should be adopted by the autonomous bodies and they have some freedom to adopt their own rules, but generally they follow rules similar to the government rules, or at least the basic theme of such rules is similar.

There may be a difference in correction of date of birth in PAN Card, Driving Licence, etc., on the one hand, and the correction of date of birth in government service record of an employee, on the other. The date of birth entered in the service records of a civil servant is of utmost importance for the reason that the right to continue in service stands decided by its entry in the service record. If the date of birth is changed, then the retirement age will change, thereby affecting not only that government servant but also the government and other employees (who may benefit from timely retirement of seniors due to promotion opportunities).

The date of birth of an employee is mentioned in service record only on the basis of the birth date provide by the employee himself. Why did he give a wrong date in the beginning? It is not that no opportunity is given to the employee to change the date of birth subsequently in genuine cases of mistake. 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. But, it has to be within a reasonable period. This period has been kept at 5 years for government service [I am not aware about your organisation’s rules in this regard]. A balance has to be struck. A person who did not take care in the beginning at the time of joining service, and who slept for 5 long years thereafter also and did not apply for change of date of birth, may lose the right to change the date of birth. In any case, he is not being thrown out of the service; he will still be allowed to continue in service till he attains the retirement age as per the date of birth provided by him himself at the time of joining service and which date he did not challenge even within 5 years of joining. Every good thing has to end somewhere.

Please keep in mind that the concept of limitation period is applicable everywhere in law. For example, a case to recover loan given cannot be filed after 3 years even though the loan is genuinely given. It is policy of the law to provide a limitation period and help only those who do not sleep over their own rights for long period of time.

At the same time, if you have a case of a genuine mistake in your date of birth which came to your knowledge after long delay and if your organisation’s rules are vague or not specific, etc., then you may try to approach the court or tribunal which is competent to handle such matter.

Moreover, which particular document provides irrefutable evidence of correct date of birth will depend on the facts and circumstances of each case.

You should accordingly consult some lawyer by showing your relevant documents, the rules of your department, the RTI replies that you have received and obtain proper and full professional advice. It may not be possible for me to give any definitive opinion on the basis of such limited information in your question without seeing the detailed documents / rules, etc., of your organisation. This forum is for general guidance and general legal answers.

     

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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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