HIRAMANI KORI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner (aged about 60 years) is seeking alteration of date of birth at the December of his career. In the service record, his date of birth is admittedly mentioned as 01.01.1955 and on the basis of said date, the respondents have retired him on completion of 62 years of service. Shri Prabhakar Singh, learned counsel for the petitioner, assailed it by contending that as per the identity card issued by the Election Commission of India (Annexure-P/3), his date of birth is 01.01.1973. He relied on 2013 (1) MPLJ 334 (Bhai Lal Burma Vs. Food Corporation of India and others).

(2.) In the opinion of this Court, this is settled that the date of birth recorded in the service record cannot be altered at the fag end of the career. Rule 84 of the M.P. Financial Code governs with the procedure for alteration of date of birth. If conditions mentioned in the said clause are satisfied, date of birth can be altered. Service record shows that the date of birth is recorded as 01.01.1955 and there is no overwriting or clerical error in the relevant entry (Column 4) of service record. The judgment delivered in the case of Bhai Lal Burma (supra) cannot be pressed into service because in the said case there was no analogous provision like Clause 84 of the M.P. Financial Code.

(3.) It is condign to mention here that similar point came up for consideration before this Court in W.P. No.6875/2015 (Ramhit Sahu Vs. State of M.P. and others). In the said case, this Court held as under: