Bhaiya Lal Nai vs UoI, SLP 20298/2012

Issue- Whether the respondents 2 and 3(General Manager and Joint General Manager, Ordnance, Jabalpur respectively) have
the authority to amend the date of birth of the petitioner after expiry of 28yrs except in accordance with Fundamental Rule 56
Note 6.
Date
20.05.1980

Facts
Petitioner was appointed as laborer B in Grey Iron Foundry, Jabalpur and had produced his
transfer certificate issued by Primary Pre Middle School which reflected his date of birth (DoB)
as 20th September, 1954 which was duly certified and accepted.
21.11.2001
All pay slips, Provident Fund Papers, Service books reflected the said DoB. In the meantime,
Petitioner was transferred to Ordinance Factory, Jabalpur and at the time of verification it was
found that petitioners DoB on the transfer certificate was not legible and was in torn condition.
03.08.2006
On requested of the Respondents the school issued a duplicate transfer certificate which was
identical to the Joint GM Ordinance Factory, Jabalpur and showed the DoB as 20.09.1948 and
not 1954.
20.10.2008
Aggrieved by R-3, petitioner preferred an OA before CAT, Jabalpur.
Jan, 2009
Respondent filed their return to the O.A
10.09.2009
CAT passed a reasoned order setting aside the order passed by R-3. The service book of the
petitioner had the DoB recorded as 20th September, 1954 and the roll was signed by the
respondent as on the date of appointment.
10.11.2009
Respondent preferred a W.P before Madhya Pradesh H.C
03.01.2012
H.C in the impugned judgment allowed the W.P without appreciating the evidence on record
and the provision mentioned in Rule 56 Note 6 which specifies that the age of the Govt. Servant
shall be determined with respect from the DoB declared by him at the time of appointment.
23.04.2012
SLP was filed.
High Court Order1.
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Page

21-22

23-31
32-45
46-50

51-62
3-11

12-18

DoB on the transfer certificate dt. 15.03.1976 was not legible.

Sought for an Affidavit by the Respondent- stated he is a class 6th pass whereas the Transfer Certificate showed him
to be a class 7th Pass.
Sought for a duplicate transfer certificate from school- Two Different DoB mentioned- Sought Clarification from
respondent- Respondent along with his reply dt 25.09. 2006 furnished a transfer certificate from another school namely
Govt. Primary School, Mahajan Kendra, Padua, District Rewa and his affidavit declaring that the correct DoB is
20.09.1954
Dissatisfied the petitioners by letter dt. 27.10.2006 asked the Respondent to provide his details with the name of the
school, its address and yr of passing but he didnt give any reply.
Petitioners requested the District Education Officer, Rewa to investigate into the genuiness of the certificates in
respect of the DoB to which they informed via letter dt. 24.04.2008 that the DoB is 20th September, 1948 and not 1954.
Petitioner issued a show cause notice dt. 2.05.2008 to the respondent as to why the disciplinary action may not be
initiated for submitting false affidavit and incorrect transfer certificate. The respondent requested that no disciplinary
action be taken and no objection towards his DoB. By order dt. 10th June,2006 the petitioners altered his DoB from
20.09.1954 to 20.09.1948 in the service book and on attaining the age of superannuation he retired on 30.09.2006.
Fraud was committed and reference to State of Chattisgarh vs Dhirio Kumar.
Quash Tribunals Order.

CAT Order dt 10th Sep, 2009- Page 46-50

Page 49- After 28 yrs, the DoB cannot be amended by the respondents unless an exception is carved out in Note 6 FR 56
which isnt there and hence the Respondent (General Manager) doesnt have the jurisdiction