1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.182 OF 2009 Hemant Namdeorao Nagrale. ...Petitioner. vs. 1.Union of India & Anr. ...Respondents. --- Mr.Bikash Singh with Mr.S.S.Ghosh i/b. P.H.A.Advocates, for Petitioner. Mr.D.A.Dube, for Respondent no.1. Mr.S.N.Patil, AGP for Respondent no.2. CORAM: D.K.DESHMUKH & K.K.TATED, JJ. DATED: 5th December,2009 P.C.:- 1. By this petition, the petitioner challenges the order passed by the Central Administrative Tribunal in Original Application no.254 of 2002 dated 2 27.2.2003 by which the Original application filed by the petitioner was rejected. The petitioner had filed Original application challenging the order of the Government declining to change the date of birth of the petitioner. The date of birth of the petitioner recorded in the service record is 8.10.1962, whereas according to the petitioner, it should be corrected as 8.10.1963. 2. The Central Administrative Tribunal relying on Rule 16-A(4) of All India Services (Death-cum- Retirement Benefits) Rules,1978 held that such a correction cannot be permitted. It is clear so far as the decision of the Central Administrative Tribunal is concerned, it is covered by the judgment of the Supreme Court in the case Union of India Vs. C.Ramaswamy & ors, (1997)4 Supreme Court Cases 647 . The learned Counsel appearing for petitioner submits that the Supreme Court in its judgment in the case Union of India Vs. C.Ramaswamy & Ors. referred to above, has not considered one aspect of the matter viz. Rule 16A referred to above is contrary to the 3 provisions of Section 9 of the Births, Deaths and Marriages Registration Act,1886. In our opinion, the submission is not well founded because Section 9 of the aforesaid Act does not relate to correction of date of birth mentioned in the service record. It deals with issuance of copies of entries made in the Register maintained under that Act and that such entries are admissible in the evidence. The subject of the Rule 16A(4) of the Rules referred to above is correction of entries in the service record relating to the date of birth. In our opinion, there appears to be no conflict between the provisions of Rule 16-A(4) of the Rules referred to above and Section 9 of the Births, Deaths and Marriages Registration Act, 1886. They operate in different fields. The petition, therefore, is rejected. (D.K.DESHMUKH, J.) (K.K.TATED, J.)