SUNITA RAVINDRA HARIRAMANI Vs. UNION OF INDIA

JUDGEMENT

(1.) MA /290/2012 for condonation of delay is allowed. The applicant was appointed on 17.1.1994 as a Meter Reader (Group 'C' Post) in the Military Engineering Services on compassionate ground due to the death of her husband Late Shri Ravindra Chuhadmal Hariramani, who was working under the same Services. Aggrieved by the refusal of the respondents in not correcting her date of birth which was wrongly entered at the time of joining the service, she has approached this Tribunal for the following reliefs:

(2.) ACCORDING to the applicant, at the time of her appointment when she was required to submit the School Leaving Certificate she came to know about her incorrect date of birth mentioned in the School Leaving Certificate. By a letter dated 19.9.1991, she had requested the respondents to enter the correct date of birth as indicated in her father's affidavit (Annexure A -2) dated 28.8.1981. Later when the respondents asked for the correct age of the applicant vide Annexure A -4 letter dated 26.2.1992 also, she forwarded the same letter which was sent on 19.9.1991 (Annexure A -3). However, the respondent authority informed her that date of birth cannot be changed in that manner and that she would have to bring an order from the competent Court. In order to avoid further delay for her appointment, she filled up necessary forms in accordance with the School Leaving Certificate. She was advised to make an application for correction of date of birth as 25.1.1955 instead of the date of birth shown in the School Leaving Certificate as 1.3.1953. The father of the applicant informed her that her actual date of birth is 25.1.1955 and that in that respect he had sworn in an affidavit on 28.8.1981 before the Executive Magistrate, Mehsana stating that her correct date of birth is 25.1.1955. The applicant made inquiry in the office of Mehsana Nagarpalika and obtained Annexure A -5 certificate from the Competent Authority as per the Birth and Death Registrar maintained by Mehsana Nagarpalika indicating that her date of birth is 25.1.1955. Thereafter, as per the advice received, she filed a Civil Suit in the Court of Civil Judge, Mehasana as Regular Civil Suit No. 41/2008 for declaration that her correct date of birth is 25.1.1955. The Court passed the Annexure A -6 judgment and order dated 16.12.2009. Immediately thereafter, the applicant again approached the respondent authority with Annexure A -7 representation dated -1 -2010 (sic) requesting for correcting her date of birth. The aforesaid representation was rejected by the Garrison Engineer. Gandhinagar vide Annexure A -1 impugned letter dated 25.2.2010. Since there was no desired effect on Annexure A -1 representation, the applicant was constrained to file Civil Suit No. 114/2010 in the Court of the Civil Judge (SD) Dhangadhra. The Court issued notices to the respondent authority and respondents herein filed objections on 4.2.2012 stating that the said Court has no jurisdiction to direct the respondents to make correction of date of birth in her service record since this Tribunal alone is competent to decide such issues. Thereupon, the respondents herein filed writ petition SCA No. 6898/2012 before Hon'ble High Court of Gujarat stating that the Dhangadhara Court has no jurisdiction to deal with the Civil Suit No. 114/2010 filed before that Court. Hon'ble High Court stayed the proceedings in the said civil case. By Annexure A -8, order dated 1.8.2012 in the said SCA, Hon'ble High Court allowed the prayer of the applicant herein to approach this Tribunal for the remedy. Hence, the present application.

(3.) ACCORDING to the applicant, she fulfills the conditions of Para 3 of the aforequoated OM. At the time of appointment itself she had pointed out to the respondents about the incorrect date of birth mentioned in the School Leaving Certificate. She had also stated that the affidavit of her father shows her correct date of birth but she was advised to get the date of birth in the School Leaving Certificate corrected. Therefore at the time of appointment she furnished the date of birth as shown in the School Leaving Certificate. Subsequently, she made an attempt to get the date of birth corrected through the competent Court as no other authority was competent to correct the same. A genuine bona fide mistake has occurred in her School Leaving Certificate. In the light of Birth Certificate issued by the Competent Authority the competent Court has declared that there is a mistake in the School Leaving Certificate and hence a declaration was granted in favour of the applicant that 25.1.1955 is her correct date of birth. There is no absolute ban to change the date of birth and the authorities have to consider the facts and circumstances of the case. As evident from the facts of the present case, there is no inordinate delay or laches on the part of the applicant and the delay is not unexplained. It is settled law that the entries in the Birth & Death Register are to be preferred than the entries in the School Leaving Certificate. It cannot be said that the applicant had approached the authority for correction of her date of birth only at the fag end of her service. As per the incorrect date of birth, she is due to retire in 2013, but she had approached the authorities in January, 2010 with necessary documents, hence it cannot be said that the applicant has not acted diligently and that she has approached the authorities for alteration of the date of birth at the fag end of her service.