The Supreme Court on Tuesday said that a petition by a government employee seeking change in the date of birth cannot be made a matter of right. Such request cannot be allowed even at the extreme end of one’s career.
A bench of Justices MR Shah and AS Bopanna allowed an appeal filed by Karnataka Rural Infrastructure Development Limited against the High Court order of change in the date of birth of an employee.
In its judgment, the court held that the determination of age of state government employees is governed by the Karnataka State Servants (Determination of Age) Act, 1974. According to this, application for change in date of birth can be made within the first three years of starting the job. or within one year from the commencement of the Act.
In this matter, the court agreed to a submission by senior advocate Gurudas S Kannur, and advocates Chinmay Deshpande and Anirudh Sanganeria, on behalf of the corporation.
“The employee is not entitled to any relief or change in date of birth on the ground of delay and delay, as the request for change in date of birth is made after 24 years of his joining the service,” the court said. ”
“Being employees of the corporation, they should have known the rules and regulations applicable to the employees of the corporation. Ignorance of law cannot be an excuse to evade statutory provisions,” the bench said.
In this regard, the apex court said that the application for change of date of birth can be made only in accordance with the relevant provisions or applicable rules. Despite having solid evidence, it cannot be claimed after this. Further, such application can be rejected on grounds of delay and especially when it is made at the end of service.
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