Change of date of birth cannot be claimed by employee as matter of right: SC

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Read Judgment: Karnataka Rural Infrastructure Development Limited & Anr. vs. T.p. Nataraja & Ors

Pankaj Bajpai

New Delhi, November 3, 2021:The Supreme Court has held that application for change of date of birth can only be as per the relevant provisions/regulations applicable, and even if there is cogent evidence for such purpose, then same cannot be claimed as a matter of right. 

A Division Bench of Justice M.R. Shah and Justice A.S. Bopanna therefore observed that an application for change of date of birth can be rejected on the ground of delay and latches also more particularly when it is made at the fag end of service and/or when the employee is about to retire on attaining the age of superannuation. 

The observation came in reference to an appeal challenging the judgment of the Karnataka High Court which allowed the change of date of birth of the corporation employee.

The background of the case was that T.p. Nataraja (Respondent-employee) was appointed in the Karnataka Rural Infrastructure Corporation (Appellant) in 1984 and in the service register, his date of birth was recorded as Jan 04, 1960. Although after around twenty-four years of his employment, the respondent sought a change in his date of birth, to Jan 24, 1961.

The claim seeking change in date of birth was dismissed by the Trial Court after finding it to be in contravention of the Karnataka State Servants (Determination of Age) Act, 1974. However, on appeal, the High Court allowed the request of change of birth, observing that the Act of 1974 and other allied laws were not brought to the notice of the employee. 

Hence,the present appeal by the Karnataka Rural Infrastructure Development Limited. 

After considering the submissions and evidences, the Top Court found that the appellant corporation had adopted the provisions of the Act, 1974 by resolution dated May 17, 1991, and therefore, as such the request for change of date of birth as per the Act, 1974 as adopted by the Appellant in the year 1991 was required to be made by respondent within a period of one year being the employee of the appellant corporation. 

However, the respondent made the request for change of date of birth after the lapse of 24 years since he joined the service and nearly after the lapse of 16 years from the date of adoption of enactment of Act, 1974 by the appellant, added the Court. 

Speaking for the Bench, Justice Shah highlighted that the observation of the High Court that resolution dated May 17, 1991 adopting the Act, 1974 was not brought to the notice of the employee and therefore he might not be aware of the applicability of the Act, 1974, cannot be accepted. 

Being the employee of the corporation, he was supposed to know the rules and regulations applicable to the employees of the corporation, as ignorance of law cannot be an excuse to get out of the applicability of the statutory provisions, pointed out Justice Shah.

The Bench went on to say that even assuming that the reasoning given by the High Court for the sake of convenience is accepted, then also the respondent was not entitled to any relief or change of date of birth on the ground of delay and laches. 

Therefore, the Apex Court set aside the order passed by the High Court and concluded that the respondent employee was not entitled to the decree of declaration.

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