• Change of date of birth in my service records

I passed my matriculation examination in 1980.. At the time of admission in high school,no declaration as to my age was taken from my father. while filling matriculation exam form also,no consent as to my age was taken from my father and recorded my date of birth [deleted]. But my actual date of birth is [deleted].I got employment in bihar service in 1995. At the time of opening my service book,I declared my date of birth as [deleted] supported by the affi-davit of my father. But the officer-in-charge did not pay any heed to my application and recorded my date of birth as [deleted] as reflected in my matriculation certificate. I wrote many letters to different district level officers but no response was taken. In bihar,date of birth in service book is governed by bihar financial rules 1950 which read thus:
96. “Every person newly appointed to a service or post under Government should at the time of the appointment declare the date of his birth by the Christian era with as far as possible confirmatory documentary evidence such as a Matriculation Certificate, Municipal Birth Certificate and so on”
Recently,I have also obtained birth certificate which mentions my date of birth as [deleted].Also,in my pan card,aadhar card,ration card,the same date of birth viz.[deleted] has been written.
What should I do now to rectify my date of birth in service book? Is it now possible?
Asked 4 months ago in Civil Law

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14 Answers

After lapse  of so many years the service book would not be rectified

 

If your date of birth was wrongly recorded you should at that time taken legal proceedings to rectify your date of birth 

 

you can file writ in HC to direct rectification of date of birth 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Dear Sir,

According to Notification, Aby Correction or Modification in Name and Date of birth in Bihar Board Matric or Inter certificates will be done at various divisional Office. The Divisional Office have been made operational and strated issuing certifcates.

https://biharboard.xyz/bseb-correction-in-class-xth-and-xiith-certificate/

How to change birth date in living cirtificate after 10 years of school?

 

The date of birth mentioned in your birth certificate is considered as correct and deemed to be correct and has a presumption of truth attached to it.

You say that you want to change the date of birth on your school leaving certificate. For this you can approach the Concerned authorities with an application to correct the date of birth on the said certificate. Attach with the application a duly attested affidavit in support of the contents of the application. Also attach a certified copy of your birth certificate .

The correction ought to be made by the said authorities.

If the said authorities decline your application then you can file a civil suit against the said authorities and pray for passing of an order directing the said authorities to............... Days from the date of the said order. This will not consume much time and a duty will be casted on the concerned authorities to correct and deliver the corrected certificate to you within the stipulated time period or face proceedings of contempt of court. The said suit is a simple one and you need not hire a senior lawyer for the same. Even a fresher lawyer can represent you and get you relief and his charges ought to be within your reach . You can also file and handle the case on your own if you have confidence in yourself and are not court shy. Matter in issue is a matter of fact and record and it can be handled by you personally and the court will also guide you through once the suit has been filed.

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You cannot change your date of birth in your class 10th certificate, the only way out for you is to get a fresh birth certificate by writing an application to the municipal officer that your birth certificate was not issued at the time of birth due to you being born in a remote area. and after that you write an application to RBSE/CBSE attach with the birth certificate issued by municipal officer to change the date of birth in 10th mark sheet or issue duplicate mark sheet with new date of birth.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
5583 Answers
218 Consultations

4.8 on 5.0

If you want actual Date of Birth of papers  you need to take it from court. So it can rectify in all current documents except educational certificate and school leaving certificate it won't be able to change it now.


Alteration in the date of birth can be made by Government
servant only within five years of his entry into Government service,
with the sanction of a Ministry or Department of the Central
Government etc. subject to the following conditions.
a) A request in this regard is made within five years of his entry
into Government service;
b)It is clearly established that a genuine bona fide mistake has
occurred; and
c) The date of birth so altered would not make him ineligible to
appear in any school or University or Union Public Service
Commission examination in which he had appeared, or for an
entry into Government service on the date on which he first
appeared at such examination or on the date on which he
entered Government service.
In the judgement given by the Supreme Court on 19.02.1993 in Civil
Appeal No.502 of 1993 (Union of India Vs Harnam Singh), the
Supreme Court has inter-alia observed that in regard to the
Government servants who had joined service prior to 1979 the
correction of date of birth should be made within a period of five
years from 1979. The Supreme Court has also observed that:
“Inordinate and unexplained delay or laches on the part of the
part of the respondent to seek the necessary correction would in any
case have justified the refusal of relief to him. Even if the respondent
had sought correction on the date of birth within five years after
1979, the earlier delay would not have non-suited him but he did not
seek correction of the date of birth during the period of five years
after the incorporation of note 5 to Fundamental Rule 56 in 1979
either. His inaction for all this period of about thirty five years from
the date of joining service, therefore precludes him from showing
that the entry of his date of birth in service record was not correct”.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

-  As per law, the date of birth so declared by the Government servant and accepted by the Appropriate Authority shall not be subject to any alteration except as specified in this note.

- Further, an alteration of date of birth of a Government servant can be made, with the sanction of a Ministry or Department of the state Government. 

- Since, you have already moved application before the competent authority but getting no response, hence no you will have to approach the Patna High Court for correcting the same and to take on record the birth certificate. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

You should file a declaration suit for that

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

Yes, definitely you have recourse and remedial source of rectification of your birth record in your service book by publication in the Gazette of Government of Bihar inserting the changes using the service of Government printing press of the Bihar with the payment of nominal fees as per rules of Government of Bihar.

This way you may effect change in your service book.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

You make a representation with your employer requesting the employer to rectify the date of birth as per birth certificate and enclose a copy of the same for their reference and further necessary action.

If your request is not acceded to then you may file a suit to declare your correct date of birth as per birth certificate and also a direction to your employer to amend the service records with correct date of birth.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

For service record you can only do affidavit it's sufficing. 

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

You have to make an affidavit before the first class judicial magistrate.

Swarupananda Neogi
Advocate, Kolkata
2904 Answers
6 Consultations

4.7 on 5.0

You have to file a Writ Petition before the High Court for seeking direction to the concerned department that they change the date of birth from this to this as per documentry evidence, you have. You have to explain all that things in your petition and enclosed all documents which shows your actual date of birth.

 

Ashish Pandey
Advocate, New Delhi
21 Answers

Not rated

Dear Sir,

Whatever, you have done is correct, the it is difficult to get the date of birth corrected in service documents. However, you may submit the humble application enumerating all the facts. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

1. It is not possible to change DOB in your service records without interference of High court. 

2. For that you need to file writ petition in High court for change of DOB in service records and also mention that you have make many efforts for change of DOB  from the day you got the job.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Innocence of any other records the high school marksheet is taken as proof of date of birth any affidavit in this regard has no validity because as for the affidavit date of birth cannot be changed so at this point of time your date of birth as per high school certificate will be a valid date of birth and it cannot be changed.

Vimlesh Prasad Mishra
Advocate, Lucknow
6786 Answers
23 Consultations

4.9 on 5.0

If the concerned authorities are not responding properly, let prefer writ application before the concerned honourable high court. The entire facts are required to be mentioned in the writ application. 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

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