R.S.A. No. 1161 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 1161 of 2009 (O&M) Date of decision: 17.03.2009 The Punjab State and another ....Appellants Versus Dr. Satya Kiran Kapur ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: Mr. R.L. Gupta, Addl. A.G., Punjab. ***** VINOD K. SHARMA, J (ORAL) This regular second appeal is directed against the judgments and decree dated 11.10.2006 and 7.11.2008 passed by the learned Courts below vide which the suit filed by the plaintiff/respondent for declaration and mandatory injunction to the effect that the date of birth recorded in the service record of the plaintiff be corrected, stands decreed. The case set up by the plaintiff was that his actual date of birth is 11.2.1955 whereas in the matriculation certificate it was wrongly recorded as 5.5.1954. Prior to filing the suit, the plaintiff had sought correction of date of birth from the University which was accepted in view of the certificate produced by the plaintiff from Registrar, Births and Deaths. R.S.A. No. 1161 of 2009 (O&M) -2- The suit was contested primarily on the ground that after the expiry of two years, it was not open to the plaintiff/respondent to get the date of birth corrected. In support of this contention, reliance was placed on Rule 2.5 Note 1 Vol. I of the Punjab Civil Services Rules. The contention of the State was rejected by the learned lower appellate Court by observing as under: - “Even at the time of issuance of instruction on 21.6.94, representation of the plaintiff regarding correction of date of birth was pending and the plaintiff/respondent was not required to represent a fresh. He relied upon the pronouncements 1989(6) Service Law Reporter, 72, Punjab & Haryana High Court titled as Mohinder Partap Puri Vs. Registrar, Punjab University and another, 1986(1) Services Law Reporter, 755, Punjab & Haryana High Court titled as Brig. Prithvi Raj Vs. Union of India, 250, Punjab & Haryana High Court titled as Jiwan Dass Vs. The State of Haryana and another. He has further relied upon the pronouncement 614, Recent Service Judgments, Punjab and Haryana High Court, titled as State of Haryana Vs. Kehar, 1992(1) Service Cases Today, Pg. 216, Punjab and Haryana High Court titled as Bhagat Singh Vs. Union of India, 1997(3) SCT, Pg. 141 of Kerala High Court titled as Sukumaran Nair Vs. State of Kerala and 1993 (3) SCT, Pg. 120, Supreme Court of India Union of India Vs. Harnam Singh, in support of his contention that even if a Govt. employee does not apply to the department within 2 years from the date of his joining service, he can get the correction from the civil court. The administrative instructions barring an employee to apply for correction of date of birth take away the vested right of an employee, the correction R.S.A. No. 1161 of 2009 (O&M) -3- cannot be denied on the basis of mere delay.” The learned Additional Advocate General, Punjab, however, contends that the impugned judgments and decree cannot be sustained as there was statutory bar to correction of date of birth after the expiry of two years. The learned Additional Advocate General, Punjab, contends that this appeal raises the following substantial question of law: - “Whether an employee can get his date of birth corrected in violation of service rules governing the service conditions?” In support of substantial question of law, the learned Additional Advocate General, Punjab, contends that as per Rule 2.5 Note 1 Vol. I of the Punjab Civil Services Rules, no correction in date of birth can be ordered after expiry of two years from the date of joining of service. This plea of the learned State counsel cannot be accepted. Though in normal circumstances, this rule can be applied to deny the correction in date of birth, as it is settled law that a belated application for correction of date of birth is liable to be rejected but in the peculiar facts and circumstances of the case, the rule can have no application. It is not the case where the plaintiff/respondent had sought correction of date of birth in his service record, but it is a case where the date of birth in matriculation certificate was got corrected by moving the University in accordance with law. The correction ordered was based on the certificate issued by Registrar, Births and Deaths, which is authentic proof of date of birth. R.S.A. No. 1161 of 2009 (O&M) -4- Once the date of birth in the certificate stood corrected, the only relief sought, was for a ministerial act of correcting the service record, which depicted wrong date of birth. The judgments and decree passed by the learned Courts below cannot be said to be in violation of Rule 2.5 Note 1 Vol. I of the Punjab Civil Services Rules, as contended. The substantial question of law, framed, does not arise for consideration in this appeal. No merit. Dismissed. (Vinod K. Sharma) Judge March 17, 2009 R.S.