The High Court of Jammu and Kashmir and Ladakh recently stated that government employees do not have an absolute right to request a change in their date of birth in service records.

Justice Vinod Chatterji Koul made this observation while hearing a case in which a government employee sought to revise his date of birth in service records from 1953 to 1958, despite having served for several years. 

The petitioner argued that his illiterate parents had inadvertently recorded an incorrect date of birth, and he only discovered the mistake much later in life.  

However, the Court noted that the applicable service regulations did not permit alterations to date of birth details after prolonged service. It further emphasized that such modifications cannot be claimed as a matter of right.

"It is now trite law on the subject that change of date of birth in service records cannot be claimed as a matter of right. It has also been held by the Supreme Court that a decision on the issue of date of birth is as important for the employer as it is for the employee," it observed.

The Court further emphasized that even if it is proven that the originally recorded date of birth was incorrect, no relief can be granted if the employee had provided the wrong date for personal advantage.  

In this case, the Court noted that the government employee, who had been in service since the early 1970s, sought a correction in his birth details only after approximately 20 years of service.  

It also highlighted that he was governed by the J&K Civil Services Regulations, 1956, which required any request for such a change to be made within five years of joining government service.  

As per Rule 35-AA of the 1956 regulations, no alterations can be made after five years, except in cases of clerical errors, ensuring that the recorded date of birth generally remains unchanged.

“No alteration of date of birth of a Government servant shall be made by the Government (Administrative Department) unless a request in this regard is made by the concerned Government servant within a period of five years of his/ her entry into Government service and it is clearly established a genuine/bona fide mistake has occurred," the Court concluded.

The Court further stated that a government job applicant cannot claim ignorance of the credentials or documents submitted at the time of appointment. In this case, it was observed that the employee appeared to be seeking a change in his date of birth solely to extend his service tenure and gain additional benefits. 

Additionally, the High Court referred to a prior civil court finding, which pointed out that if the employee’s claim of being born in 1958 were accepted, it would mean he was only 12 years old when he qualified for his matriculation exam, as his Class 10 Discharge Certificate was issued in 1970. The civil court deemed this highly improbable.  

Considering these factors, the High Court dismissed the plea.  

Senior Advocate MY Bhat, along with Advocate Sajid Bhat, represented the appellant, while Advocate Mir Majid Bashir and Government Advocate Jahangir A Dar appeared for the Jammu and Kashmir government.

Case Title: Ghulam Nabi Sofi Vs State of JK