A decree without the State being a party is not binding on the employer (The State) in the matter of determination of the date of birth.
In Director of Technical Education & Anr Vs. Smt K. Sitadevi, AIR 1991 SC 308, the Hon'ble Supreme Court examined a case regarding the correction of the date of birth in the service record. The case was filed by the employee without impleading the State (employer), and the submission that the relief was sought only against the Technical Education Board; which had issued the certificate containing the date of birth on the basis of which the date of birth had been entered in her service book, and thus, employer was not a necessary party, was rejected observing as under:-
"We, therefore, clarify the legal position that a decree without the State being a party is not binding on the employer (State) in the matter of determination of the date of birth."
Supreme Court of India
Director Of Technical Education ... vs Smt. K. Sitadevi on 8 November, 1990
Equivalent citations: AIR 1991 SC 308,
