CHANGE OF DATE OF BIRTH BY PUBLIC SERVANT AT THE

TIME OF RETIREMENT
The Date of Birth of the Government representative gets a notice in Note 6 under
Fundamental Rule 56 controlling the time of retirement of the representative. It expresses
that the date on which a government worker accomplishes the age of 58 years or sixty years
not entirely set in stone regarding the date of birth proclaimed by the Government worker
at the hour of arrangement and acknowledged by the Appropriate Authority on creation,
quite far, of corroborative narrative proof like High School or Higher Auxiliary or Secondary
School Certificate or concentrates from Birth Register.
Adjustment in the date of birth can be made by Government worker just in no less than five
years of his entrance into Government administration, with the authorization of a Ministry
or Department of the Central Government and so forth dependent upon the accompanying
circumstances.

 A solicitation in such manner is made in something like five years of his entrance into
Government administration;
 It is plainly settled that a veritable genuine mix-up has happened; and
 The date of birth so adjusted wouldn't make him ineligible to show up in any
everyday schedule or Union Public Service Commission assessment in which he had
showed up, or for a section into Government administration on the date on which he
first showed up at such assessment or on the date on which he entered Government
administration.
CASE LAWS
In Employers in relation to the management of Mohuda Area No. 11 of M/s. Bharat Coking
Coal Limited v. Their workmen, the High Court of Jharkhand ruled that the Management
having not changed the date of birth, as recorded in the original service record, cannot act
on the basis of the age of evaluated by the Medical Board at the fag end or retirement of
service career of the workman.1
In the case of State of M.P. v. Premlal Shrivas, it was held that correction of DOB of a
government servant, particularly at the time around retirement, the court or the tribunal
has been wary, cautious and careful while issuing direction for correction of DOB. The
Supreme Court has expressed in various judgements that if an employee applies for
correction of DOB after a gap of a long time of his orientation into the service, he cannot
claim the right to correction of his DOB even with effective evidence.2
In State of T.N. v. T.V. Venugopalan, the Court stated that the government servant having
stated his date of birth as entered in the service register to be correct, would not be

1
Employers in relation to the management of Mohuda Area No. 11 of M/s. Bharat Coking Coal Limited v. Their
workmen, 2006 SCC OnLine Jhar 82: (2006) 2 AIR Jhar R 552 (DB): (2006) 109 FLR 1124: (2006) 3 JLJR 366 (HC):
2006 Lab IC (NOC 311) 98 : 2006 LLR 820 (1)
2
State of M.P. v. Premlal Shrivas, (2011) 2 SCC (L&S) 574: 2011 SCC OnLine SC 1279: (2011) 131 FLR 361: (2011)
5 LW 769 (SC): 2011 Lab IC 4606: AIR 2011 SC 3418
legalized at the time of retirement of his service career to raise a dispute as regards the
correctness of the entries in the service register.3
In U.P. Madhyamik Shiksha Parishad v. Raj Kumar Agnihotri, the Court observed that the
request to change the date of birth in the service record should not be permitted at the
retirement of the service career.4
In another judgement in the case of State of Uttaranchal v. Pitamber Dutt Semwal relief was
denied to the government employee on the basis that he requested for correction in the
service record after nearly 30 years of service.5
Similarly, in the case of Krishnanath Fondu Zulmi v. State of Goa, the High Court of Bombay
gave the same judgement that any change in the birth date of a government servant should
not be permitted at or around the time of retirement.

3
State of T.N. v. T.V. Venugopalan, (1994) 6 SCC 302: 1994 SCC (L&S) 1385: (1994) 28 ATC 294
4
U.P. Madhyamik Shiksha v. Raj Kumar Agnihotri (2005) 11 SCC 465: 2006 SCC (L&S) 96
5
(2005) 11 SCC 477: 2006 SCC (L&S) 106