NEW DELHI: The Supreme Court Tuesday said that application for change of date of birth can only be as per the relevant provisions and even if there is cogent evidence, the same cannot be claimed as a matter of right.
A bench of Justices M R Shah and A S Bopanna said application can be rejected on the ground of delay and also more particularly when it is made at the fag end of the service and/or when the employee is about to retire on attaining the age of superannuation.
"Application for change of date of birth can only be as per the relevant provisions/regulations applicable; even if there is cogent evidence, the same cannot be claimed as a matter of right," the bench said.
The top court was hearing an appeal filed by Karnataka Rural Infrastructure Development Limited challenging an order of the Karnataka High Court which allowed a plea for change of date of birth by its employee.
MC Subramaniam Reddy an employee of the Karnataka Rural Infrastructure Development Limited had requested for change of date of birth.
Thereafter, he filed a suit for declaration in trial court that his date of birth is January 24, 1961.
The said suit was dismissed by the Trial Court.
The top court noted that the request for change of date of birth as per the Karnataka State Servant (Determination of Age) Act, as adopted by the corporation in the year 1991 was required to be made by employee within a period of one year from May 17, 1991 being the employee of the corporation.
"However, respondent No.1 (employee) made the request for change of date of birth vide notice dated June 23, 2007 i.e. after the lapse of 24 years since he joined the service and nearly after the lapse of 16 years from the date of adoption of enactment (Act, 1974) by the corporation," the bench said.
The apex court said that being the employee of the corporation, he was supposed to know the rules and regulations applicable to the employees of the corporation and ignorance of law cannot be an excuse to get out of the applicability of the statutory provisions.