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change in date of birth

(Querist) 27 February 2011 This query is : Resolved 
Sir, I am in central government service since 28 years. After joining the department in 1982, during 1985 I gave an application to the Secretary, the head of the Department for correction in the date of birth. At the time of joining school my parents had given the wrong date of bith as 1-8-1956 instead of 13-06-1957 and the same is in my school certificate and hence in my office records. Now whether I can file a suit or any other alternative available to me for changing the date of birth in the office records? What are the chances of getting the DOB corrected? Please advice me.
Yours faithfully,
nagaraja
Guest (Expert) 27 February 2011
No law suit will work against the proof of date of birth mentioned in your educational certificate. However, if you have a sound proof in the shape of hospital record or municipality record of the time and date of your birth, you must first get the date rectified from the Educational Board/University concerned and only then apply to your present recruiting authority for correction on the basis of proof of the corrected educational certificate.
Sanjeevappa. L (Expert) 27 February 2011
I agree with MR. PS Dhingra
Advocate. Arunagiri (Expert) 27 February 2011
You can correct the change of date of birth, through court order. It is legaly valid. You need not change the date of birth in all the previous documents, just rectify it in your service records that is enough.
Guest (Expert) 28 February 2011
Dear Arunagiri,

Rectification in service record is only in the hands of the competent authority of the employee's department, and not in the hands of employee himself. Even the competent authority does not enjoy power to change the date of birth without proper and foolproof documentary evidence.

So, it is not so simple to rectify the service record particularly about date of birth, as hundreds, even thousands in certain cases, of subordinate employees may be in the line waiting for their promotion on retirement of a particular employee, and services of all of them are affected, if date of birth in service record of an employee is rectified.

The service record of an employee is based on the documentary evidence produced at the beginning of the service and cannot easily be changed after rendering 28 years of service, in this case, to postpone retirement for 11 months. With his original date of birth on record, the employee becomes due to retire on 01.08.2016 Forenoon, while on change of date of birth in service record his date of retirement would become as 30.06.2017 Afternoon.

I am sure, even court of law would not agree to issue an order in the absence of the valid and original document showing his date of birth, as 13.06.1957. That is why I proposed a simple and perfect solution to him instead of wasting his time and money in the court of law with 99.9% chance of failure. ?However, if some one can assures the employee of a success in getting a court order without the rigor of producing the original birth record, I am sure the employee would be quite happy and obliged.

PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
Ajay Bansal (Expert) 28 February 2011
Agreed with Arunagiri in this query.
Kirti Kar Tripathi (Expert) 01 March 2011
The date of birth once entered can be altered only in exceptional circumstances. The date of birth mention in the educational certificate issued prior to joining the service is cogent evidence of date of birth. However, if an employee seeks any change in his date of birth, he should act as early as possible. in the present case, you joined the services in the year of 1982 and made application for correction in the year 1985, thereafter you kept yourself silent for more than 30 years, now you want to challenge the same in the court of law. no court be permit such alteration at the fag end of service period. in my opinion, you have no case.


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