TMI Blog1993 (2) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... he failed in the matriculation examination, against the column of educational qualification 'matric failed' was recorded. It appears that the respondent later on again appeared in the matriculation examination of the Punjab University under Roll No. 21653 and passed the said examination in May, 1956. On passing the matriculation examination, the respondent was appointed as LDC in the Ministry of Home Affairs on 9.5.1957. In the service-book of the respondent, an entry was, accordingly, made showing his educational qualification as matric (Punjab University, Roll No. 21653, year 1956). This entry was made underneath the earlier entry matric failed and the changed entry was signed by the SO of the Ministry of Home Affairs on 7.9.1957. Though, the date of birth of the respondent, as recorded in the matriculation certificate is 7.4.1938 but while amending the entry about his educational qualification, the entry relating to his date of birth was not altered to correspond to the date given in the matriculation certificate and it continued to be recorded as 20th of May, 1934. In 1963, .the respondent was transferred to the Ministry of Human Resources Development, Department of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plies for it within the prescribed time limit and the appointing authority accepts his request. 2. In so far as CAT's judgment in the case of Sh. Darshan Singh, a copy of which has been enclosed by Sh. Harnam Singh with his representation, it may be stated that in the said judgment the CAT's order is based on the fact that Sh. Darshan Singh had not been shown his service book even once during his entire service. Sh. Harnam Singh had seen his service book several times latest being in 1976, and he has signed the Service Book in verification of the Correctness of the entries made therein and he had never pointed out the 'incorrectness' in his date of birth. The CAT's Judgment enclosed by Sh. Harnam Singh with his representation is thus distinguishable from the case of Sh. Harnam Singh. Apart from this Sh. Harnarn Singh has not furnished any new grounds for reconsideration of his case. 3.Sh. Harnam Singh is also informed that no further representation on the subject will be considered. unless he furnished any new facts/information. The respondent challenged the above order through OA No. 1252/92 dated 29.5.1992 before the CAT. The application was conteste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of birth and that he had filed the representation for correction of his date of birth for the first time only in September, 1991, just a few months before his notified date of superannuation. A Government servant, after entry into service, acquires the right to continue in service till the age of retirement, as fixed by the State in exercise of its powers regulating conditions of service, unless the services are dispersed with on other grounds contained in the relevant service rules after following the procedure prescribed therein. The date of birth entered in the service records of a civil servant is, thus of utmost importance for the reason that right to continue in service stands decided by its entry in the service record. A Government servant who has declared his age at the initial stage of the employment is, of course, not precluded from making a request later on for correcting his age. It is open to a civil servant to claim correction of his date of birth, if he is in possession of the irrefutable proof relating to his date of birth as different from the one earlier recorded and even if there is no period of limitation prescribed for seeking correction of date of birt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Notification No. 19017/79/Estt-A dated 30th November, 1979 published as SO 3997 in the Government of India Gazette dated 15th of December 1979 limits the exercise of the right by the government servant to seek alteration of his date of birth only within the specified period. The provision reads as under: Note 5 The date on which a Government servant attains the age of fifty-eight years or sixty years, as the case may be, shall be determined with reference to the date of birth declared by the Government servant at the time of appointment and accepted by the appropriate authority on production, as far as possible, of confirmatory documentary evidence such as High School or Higher Secondary or Secondary School Certificate or extracts from Birth Register. The date of birth so declared by the Government servant and accepted by the appropriate authority shall not be subject to any alteration except as specified in this note. An alteration of date of birth of a Government servant can be made, with the sanction of a Ministry or Department of the Central Government or the Comptroller and Auditor General in regard to persons serving in the Indian Audit and Accounts Department, or an adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that if the request is supported by cogent evidence to establish that the recorded date is wrong, correction has to be made. The Tribunal also noticed the submission of the learned counsel for the appellant to the effect that the judgment in Darshan Singh's case (supra) was not applicable because unlike in Darshan Singh's case, who had no occasion to see his service book even once during his entire service career, the respondent herein had not only seen his service book several times but had also signed the same at various places in verification of the correctness of the entries made therein and had never objected to the date of birth as contained in the first page of the service book or as given in various seniority lists prepared and published form time to time till September 1991. The Tribunal disposed of the submission by observing: A perusal of the service record does show that the pages which the applicant has signed is not the first page where the date of birth is recorded, but subsequent pages where other service particulars like pay fixation etc. are mentioned. As regards the entry of date of birth in the seniority list, that may be within the knowledge of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... those who enter service after 1979. Indeed, if a government servant, already in service for a long time, had applied for correction of date of birth before 1979, it would not be permissible to non-suit him on the ground that he had not applied for correction within five years into service, but the case of government servant who applied for correction of date of birth only after 1979 stands on a different footing. It would be appropriate and in tune with harmonious construction of the provision to hold that in the case of those government servants who were already in service before 1979, for a period of more than five years, and who intended to have their date of birth corrected after 1979, may seek the correction of date of birth within a reasonable time after 1979 but in any event not later than five years after the coming into force of the amendment in 1979. This view would be in consonance with the intention of the rule making authority. The interpretation which we have placed on the provision with regard to the cases of those government servants who were in service prior to 1979 but had not sought the alteration in the date of birth till after the amendment in 1979 is follo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the claimant had actually filed his petition while the old Act was in force but after a period of one year, the position could be different. Having actually initiated the proceeding when the old Act covered the field a claimant could say that his right which has accrued on filing of the petition could not be taken away. The present case is different. The right or privilege to claim benefit of a provision for condonation of delay can be governed only the law in force at the time of delay. Even the hope or expectation of getting the benefit of an enactment presupposes applicability of the enactment when the need arises to take its benefit. In the present case the occasion to take the benefit of the provision for con- donation of delay in filing the claim arose only after repeal of the old law. Obviously the ground for condonation set up as 'sufficient cause' also relates to the time after the repeal. The benefit of the repealed law could not, therefore, be available simply because the cause of action for the claim arose before repeal. 'Sufficient causes a ground of condonation of delay in filing the claim is distinct from ,cause of action' for the claim its ..... X X X X Extracts X X X X X X X X Extracts X X X X
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