R. S. KALLOLIMATH versus STATE OF MYSORE & ANR.

Citation: [1978] 1 S.C.R. 145 · Decided: 06-05-1977 · Supreme Court of India · Bench: V.R. KRISHNA IYER · Disposal: Case Partly allowed

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Judgment (excerpt)

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•. 
145 
R. S. KALLOLIMATH 
v. 
STATE OF MYSORE & ANR. 
May 6, 1977 
(V. R. KRISHNA IYER AND JASWANT SINGH, JJ.] 
Service law-Entry of Government servant's date of birth in service register 
revised to an earlier date-Whether State is precluded from refixing wrongly 
given dates-Government Notification granting extension of service equal to 
half the period of difference between the original. and revised dates-Denial of 
extension of service to appellant whether justified. 
The appellant gave his date of birth as March 13, 1912, while joining the 
service of the Mysore State Electricity Department in November, 1945. 
The 
date was accepted and entered in the service register, on his producing a horo-
scope in support of his claim. In or about 1950, the State Government in pur-
suance of a policy decision, started revising the entries relating to the dates 
of birth in case of those of its employees whose service register entries differed 
from the dates as recorded in their school or college registers. In the educational 
institutions where the appellant had studied, his date of birth was found to be 
recorded as January 28, 1904, and the State Government accordingly refixed 
the service register entry. 
The appellant protested and made several unsuccess-
ful representations. 
On August 14, 1958, the State 
Government 
issued a 
Notification directing the grant of extension of service equal to half the period 
of difference between the original and revised dates of birth, but on April 1, 
1959, the app"ellant received a formal written communication that he had been 
retired from service with immediate effect. 
The appellant filed a suit against 
the order, seeking mandatory injunction directing the Government to accept 
his date of birth as originally entered in the service register. In the alternative, 
he c1aim';'.d the benefits of the Notification of August, 1958. The trial Court 
decreed the suit holding that the Government was not justified in altering his 
date of birth o~ the basis of the entries in his college register. It directed the 
Government to accept the service register entry. In a State appeal, the High 
Court partially upheld the decision, but quashed the direction regarding the 
acceptance of the service register entry. 
The High Court left it open for the 
Government to refix the appelJant's date of birth according to law. An enquiry 
was held and the Government again fixed his date of birth- as 28-1-1904. The 
appellant's writ petition was dismissed in limine. 
Partly allowing the appeal by special leave, the Court, 
HELD : ( 1) The State is not precluded merely because of the acceptance 
of the date of birth of its employee in 
th~- "ervice register from holding an 
enquiry if there exists sufficient reasons for holding such enquiry and refixing 
his date of birth. 
[151 F-G] 
State of Orissa v. Dr. (Miss) Binapani Dei & Ors. [1967] 2 S.C.R. 625-
A.l.R. 1967 SC 1269, followed. 
(2) Nothing tangible has been brought to our notice which could have 
jwtified the Government to deprive the appellant of the benefit of the clear and 
categoric directions contained in its memorandum dated August 14, 1958. The 
course adopted by the Government in not allowing the appellant to continue 
in service for half of the period of difference between the date of birth as origi-
nally recorded in the service register and the revised date of birth, has manifestly 
resulted in grave injustice to the appellant. (151 H, 152 B] 
CIVIL APPELLATE JURISDICTION :Civil Appeal No. 1659 of 1972 
(Appeal by Special Leave from the Judgment and Order dated 
the 5th July, 1971 of the Mysore High Court in W.P. No. 1662 of 
1971). 
' 
A 
I 
B 
c 
D 
E 
F 
G 
H 
146 
SUPREME COURT REPORTS 
[1978] 1 S.C.R. 
A 
B. P. Singh, for the appellant. 
B 
c 
D 
E 
F 
G 
H 
N. Nettal', for respondents. 
The Judgment of the Court was delivered by 
JASWANT SINGH, J.-This appeal by Special 
leave is 
directed 
against an order dated July 5, 1971, of the High Court of Mysore 
at Bangalore dismissing in limine writ petition No. 1662 of 1971 seek-
ing issuance of a writ quashing order No. P.W.D.IEBS 70 
dated 
March 31, 1971, passed by the first respondent herein directing that 
January 28, 1904, be accepted as the correct date of birth of 
the 
appellant and the period from January 28, 1959 (the date of 
his 
attaining superannuation) to March 31, 1959 (when he actually hand-
ed over cha!ge of his office) be treated as extension of service. 
Briefl

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