Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2014 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (2) TMI 39 - HC - Indian LawsAlteration of date of birth - Rejection of alteration in all service records - Alteration to be applied within 5 years of service - Held that:- horoscope is a secondary evidence, which cannot be taken as a primary evidence to establish the date of birth of the Government servant. For correction of date of birth, unimpeachable evidence must be shown, even if the Government servant applied within five years - horoscope is a very weak piece of material to prove the age of a person, and that heavy onus lies on the person who wants to press into service to prove its authenticity. The time limit mentioned in Sub Rule (a) of Rule 30 of the Tamil Nadu State Judicial Service Rules, 1953 requiring submission of application seeking correction of date of birth to be made to the State Government through High Court, within five years of entry into service, is in pari materia to Fundamental Rules - as the petitioner having not applied for alteration of date of birth within 5 years of entry into service in terms of F.R.56, the decision arrived at by the Central Administrative Tribunal is just and proper and we do not find any reason to interfere with the same - Decided against petitioner.
|