kavita (Junior Advocate) 21 October 2012

Change of date of birth in service record

Hon'ble Members,

I have come across a very interesting matter wherein an employee of central government had to retired forcefully just because his wrongly recorded birth date in service book. MY questions are:

1. After the FORCEFUL retirement from the services can an aggrieved person file a case for change in date of birth at Central Administrative Tribunal?

2. An aggrieved person has been trying all his life to correct his date of birth but unfortunately his call for justice fell on deaf ears. Now he is fully prepared to fight the case after retirement.

What are your views on it? The case looks genuine. He only want to file a case in court. In which court can case be filed?

Thank you :-)

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5 Replies

Gomathi Sankara Narayanan V (High Court Chennai Patent Attorney) 22 October 2012

1. Age at the time of joining the service

2. Proof of age submitted by your client

3. Period entitled for ur client to amend the DOB as per the existing service rules

4. Whether any such remedial admin measures were made by ur client

5.if so what is the recommendation made by the appropriate authorities

6. At fag end of career ur client is not permitted to amend the age, means after a deep slumber

7. what odes the termination order state (content) eg rule /clause etc

Gomathi Sankara Narayanan V (High Court Chennai Patent Attorney) 22 October 2012

Kindly refer to recent my case 111/2010 at CAT Bangalore.

Gomathi Sankara Narayanan V (High Court Chennai Patent Attorney) 22 October 2012

U could have filed a case while in service period for a status Quo.

kavita (Junior Advocate) 22 October 2012

Yeah you are absolutely correct Gomathi Ji. I am totally confuse in this matter. i am just wondering would CAT allow his petition to be filed? At least for his own satisfaction can he go to CAT and file a case? Or CAT would not even entertain such plea?

Gomathi Sankara Narayanan V (High Court Chennai Patent Attorney) 22 October 2012

The case above mentioned pertains to Bangalore CAT between CG civil servant and IAF ambiguity raised due to differenc in the document and the proof of evidence submitted by the CG Civil servant. However the case is in favour of CG Civil servant. But IAF has preferred a appeal in this case. Kindly go thru the CAT case No 111/2010.