Jammu and Kashmir High Court: Alteration of Date of Birth in Service Records Impermissible After Five Years

In a landmark judgment, the Jammu and Kashmir High Court has ruled that government employees cannot request changes to their recorded date of birth in service records after a lapse of five years from the date of submitting their credentials. This decision underscores the importance of adhering to established service regulations and aims to prevent potential misuse of such provisions for personal gain.

Case Background

The appellant, a government servant, had his date of birth recorded as 1953 based on the matriculation certificate he submitted at the time of his appointment. Decades into his service, he claimed that his actual birth year was 1958, presenting a medical certificate to support this assertion. This change, if accepted, would effectively make him five years younger, thereby extending his service tenure and associated benefits.

Legal Framework and Court's Observations

The case was adjudicated under the Civil Service Regulations of 1956, which stipulate that an employee's date of birth should be recorded based on their matriculation certificate. Justice Vinod Chatterji Koul, presiding over the bench, emphasized that any alteration to the recorded date of birth is permissible only in instances of clerical errors and must be initiated within five years of submitting the original credentials. The court noted that the appellant did not approach the department within this stipulated period.

Furthermore, the court found the appellant's claim implausible. If his alleged birth year of 1958 were accurate, it would imply that he completed his matriculation examination in 1970 at the age of 12. This scenario contradicts the educational regulations of that era, which required a minimum age of 16 to appear for the matriculation exam.

Implications of the Judgment

This ruling reinforces the principle that government employees must exercise due diligence when submitting their personal information at the time of appointment. Allowing alterations to the date of birth beyond the specified timeframe could lead to administrative challenges and potential exploitation of the system to unjustly extend service periods. The court's decision serves as a deterrent against such practices, ensuring that service records remain accurate and reliable.

In conclusion, the Jammu and Kashmir High Court's judgment upholds the sanctity of service records and emphasizes the necessity for timely and genuine claims regarding personal information. This decision is poised to have a lasting impact on how government service records are maintained and the protocols surrounding any modifications to them.