Law related issues on Date of Birth.

[v v Cumaar]

Sir,
I joined in the Central Govt. Department in 1982. At that time of my joining the Govt Service my date of birth (DOB) was entered wrongly. My actual DOB came to my knowledge only during 1997 and learnt that my birth date entered is two years ahead i.e. instead of 1960 it is entered as 1958. I understood that my parents have created my school records with shortened name & wrong DOB. Till that time my academic and service records had the wrong DOB. Then I obtained my Birth Certificate bearing my actual DOB with full name from the competent authority. I approached the Hon’ble Court which has issued identity certificate to the effect that the person found in the birth certificate obtained from the competent authority with actual DOB, SSLC book’s first page with the wrong DOB and the first page of the service register opened in the Govt service with the wrong DOB during 1982 is one and the same person.
I went on deputation to a Government undertaken autonomous organisation which is a higher post in 1998 and I was absorbed in the same post in 2003. I have been asked by the new administration to provide a new Service Register with documents for making fresh entries. As the past service in the Govt. Department was not taken into consideration and as a fresh Service Register has been opened, I perceived that the present service as a fresh service and I submitted the birth certificate bearing my actual date of birth along with the court certificate, which referred my actual birth certificate with my full name and actual DOB, the SSLC book’s first page with the wrong DOB and the first page of the service register opened in the Govt service with the wrong DOB. My actual DOB is entered in the fresh Service register by the new administration without demanding for further more documents and hence, I perceived that my actual date of birth has been accepted and I am continuing in the new service. But the academic records were not corrected.
During December 2017, I have applied for a posting outside and I have requested my employer to forward the application in which I have enclosed the SSLC mark sheet as per the proforma, which reflected my wrong DOB.
During the same period (December 2017) some miscreant gone through my personal file and sent an anonymous letter to Govt, stating that I am trying to extend my service for another two years by cheating the Govt through producing unsupportive documents to my actual DOB. I was asked to give written statement on the allegations made by anonymous complainant only on 09.05.2018 and accordingly I submitted it on 14.05.2018. Not considering my statement, Govt is planning to relieve me based on the anonymous complaint and based on the wrong DOB entered in the service register opened in my previous service.
In this regard please clarify the following:
• Why can not the present service be treated as fresh service as the previous years of service is not taken in to consideration in my present service?
• If yes, why my actual DOB cannot be accepted in this fresh service?
• Will the Govt. treat my activity as suppression of fact, though I made available the Court ID certificate which contained the reference on the documents having my wrong DOB?
• If I challenge the Government’s decision of relieving me two years before my actual DOB, can I succeed?
• Can I get stay for relieving me earlier and file a suit and continue to work & get salary during the stay period?
• Can I challenge the persons, whom I have doubts, for making available my personal details kept in my personal file to others without my consent?

[Dr. Ashok Dhamija]

I have replied earlier in detail to a similar question of change of date of birth in service records of the Government, and that reply can be seen at: Change of date of birth in Government service 8 years after joining.

Please note that as mentioned in the above reply, change of date of birth in service records after 5 years, is not possible.

In your case, you have mentioned that you joined the organisation on deputation from the government service. Deputation is considered a continuation of service. It is not like a completely fresh service. Deputation is also basically a transfer of service.

It would have been advisable for you to change the date of birth in the proper and transparent manner, by disclosing what your date of birth as per existing records was and what your actual date of birth is.

While it is difficult for me to give an accurate opinion to you on your detailed facts, in the absence of having seen the full records, I may point out that you may have to fight your case in the tribunal / court. Depending on facts, it may perhaps be considered as suppression of facts. If it is considered as a continuation of service, then the chances of success of getting the change of date of birth accepted would be comparatively less.

You may consult some local lawyer with your detailed documents and facts to get an accurate advice on your detailed facts.

     

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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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