Supreme Court of India

UNION OF INDIAversusRAM SUA SHARMA

Citation: 1996 INSC 262
Decided: 15 February 1996
Disposal: Appeal(s) allowed
Bench: K RAMASWAMYG B PATTANAIK

Holding

A direction to consider correction of a date of birth entered in service records at a belated stage is per se illegal.

Summary

The case involves Ram S. Sharma, a government servant who discovered, after 25 years of service, that his date of birth recorded in the service records was incorrect. He claimed that his correct date of birth was January 2, 1939, instead of the recorded December 16, 1934, and sought correction. The Central Administrative Tribunal accepted his claim and directed the Government to consider the correction. The Union of India appealed, arguing that such a belated correction is not permissible. The Supreme Court held that a court or tribunal at a belated stage cannot entertain a claim for correction of the date of birth entered in service records and that the Tribunal's direction was per se illegal. Consequently, the appeal was allowed and no costs were awarded.

Issues considered

Whether a court or tribunal at a belated stage can entertain a claim for correction of the date of birth entered in service records.

Subjects

service lawdate of birth correctionservice recordstribunalbelated claimillegal direction

Judgment

A                               UNION OF INDIA
                                      v.
                               RAM SUA SHARMA

                               FEBRUARY 15, 1996

B                [K. RAMASWAMY AND G.B. PATIANAIK, JJ.)

            Service Law:

         Date of Birth as entered in service recordS-:-Co1Tection of-Claim made
C after 25 year~T1ibunal accepting the same and directing the Government to
  consider the con-ection-Held: The direc1ion is per se illegal.

            CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3626 of
    1996.

D          From the Judgment and Order dated 23.12.94 of the Central Ad-
    ll}inistrative Tribunal, Jabalpur, in O.A. No. 270 of 1994.                    -
            Ms. Niranjana Singh and Ms. Anil Katiyar for the Appellants.

            T.G.N. Nair for the Respondents.
E           The following Order of the Court was delivered :

            Leave granted.

        The controversy raised in this appeal is no longer res integra. In a
  series of judgments, this Court has held that a court or tribunal at the
F belated stage cannot entertain a claim for the correction of the date of birth
  duly entered in the service records. Admittedly, the respondent had joined
  the service on December 16, 1962. After 25 years he woke up and claimed
  that his correct date of birth is January 2, 1939 and not December 16, 1934.
  That claim was accepted by the Tribunal and it directed the Government
G to consider the correction. The direction is per se illegal.
            The appeal is accordingly allowed. No costs.

    G.N.                                                       Appeal allowed.


                                         732

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