THE SECRETARY AND COMMISSIONER, HOME DEPARTMENT AND ORS. versus R. KIRUBAKARAN

Citation: [1993] SUPP. 2 S.C.R. 376 · Decided: 21-09-1993 · Supreme Court of India · Bench: A.M. AHMADI · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
THE SECRETARY AND COMMISSIONER, 
HOME DEPARTMENT AND ORS. 
v. 
R. KIRUBAKARAN 
SEPTEMBER 21, 1993 
(A.M. AHMADI AND N.P. SINGH, JJ.) 
Service Law: Tamil Nadu Service Manual. 
C 
Rule 49(b )-Date of birth-Alteration of-Claim not to be entertained 
after five years of entry into service-fmpact of alteration---Chain reaction and 
uncertainity in promotion of Juniors-Growing tendency to make such claims 
just before superannuation---Courts to be cautious. 
The respondent joined service in the year 1958. According to the date 
D of birth recorded in his service register, he was to superannuate on 
8.8.1992. On 6.8.1991, he filed an application before the Tribunal for 
altering his date of birth as 9.8.1936, in place of 9.8.1934 recorded in his 
service register. The application was rejected but an option was given to 
the respondent to approach the Government under the appropriate service 
E rules. Accordingly, he made a representation to the authorities and it was 
rejected. Thereafter, the respondent filed an application before the 
Tribunal, for alteration of his date of birth. The Tribunal passed an 
interim order directing the appellants to allow the respondent to continue 
in service. Ultimately, the Tribunal held that the date of birth of the 
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respondent was 9.8.1936, and not 9.8.1934. 
Being aggrieved by the Tribunal's decision, the State Government 
preferred the present appeal. 
Allowing the appeal, this Court 
HELD : 1.1 Most of the States have framed statutory rules or in 
abs~nce thereof issued administrative instructions as to how a claim made 
by a public servant in respect of correction of his date of birth in the 
service record is to be dealt with and what procedure is to be followed. In 
many such rules a period has been prescribed within which an application 
H for alteration of date of birth could be entertained. The sole object of such 
376 
SECRETARY HOME DEPTT. v. KIRUBAKARAN 
377 
rules had been that a claim for alteration of date of birth should not be A 
made or entertained after decades, especially on the eve of superannuation 
of such public servant. [379-G-H] 
1.2. An application for correction of the date of birth should not be 
dealt witl. by the Tribunal or the High Court keeping in view only the public 
servant concerned. Any such direction for correction of the date of birth of 
the public servant concerned has a chain reaction, inasmuch as others 
waiting for years, below him for their respective promotions are affected in 
this process. Some are likely to suffer irreparable injury, inasmuch as, the 
officers who are below him in seniority waiting for their promotion, may lose 
the promotion for ever. Cases are not unknown when a person accepts 
appointment keeping in view the date of retirement of his immediate senior. 
This is an important aspect, which cannot be lost sight of by the Court or 
the Tribunal while examining the grievance of a public servant in respect of 
correction of his date of birth. Unless a clear case on the basis of materials 
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which can be held to be conclusive in nature, is made out by the applicant, D 
the Court or the Tribunal should not issue a direction, on the basis of 
materials, which make such claim only plausible. [381-C-FJ 
State of Assam v. Daksha Prasad Deka, (1970] 3 S.C.C. 624; Govern-
ment of Andhra Pradesh v. M. Hayagreev Sa1ma, (1990] 2 S.C.C. 682, 
Executive Engineer v. Rangadhar Malik, (1993] Supp. 1 S.C.C. 763 and E 
Union of India v. Hamam Singh, [1993] 2 S.C.C. 162, relied on 
2. Clause (b) of Rule 49 of the T<1mil Nadu Service Manual, provides 
that after a person has entered service, an application to alter the date of 
his birth as entered in the official records should be entertained only if such F 
an application was made within five years of such entry Jn service. Normally, 
in most of the services, the date of birth is recorded in the service records 
on the eve of the appointment with reference to the date of birth mentioned 
· in the Matriculation Certificate, Higher Secondary Education Board Cer-
tificate or any other certificate of similar nature produced by the applicant 
concerned at the time of making application for his appointment. As such G 
whenever an application for alteration of the date of birth is made on the eve 
of superannuation or near about that time, the Court or the Tribunal 
concerned should be more cautious because of the growing tendency 
amongst a section. of public servants, to raise such

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