Change of date of birth of State employee cannot be claimed as right: Supreme Court

The Supreme Court recently rejected an application of an employee of a state corporation seeking change of his date of birth at the fag end of his career (Karnataka Rural Infrastructure Development Limited v. TP Nataraja and Others)..The application for change of date of birth was held to be in contravention of Karnataka State Servant (Determination of Age) Act, 1974, which provides for alteration of age or date of birth of State servants only after an application is made within three years from the date on which his age and date of birth is accepted and recorded in the service register, or within one year from the date of commencement of the 1974 Act.The Bench of Justices MR Shah and AS Bopanna was hearing an appeal against the judgment of the Karnataka High Court which allowed the change of date of birth of the corporation employee..The respondent was appointed in a corporation in 1984. In the service register, his date of birth was January 4, 1960. After a lapse of around 24 years of his employment, the employee has sought a change in his date of birth, to January 24, 1961.The employee's suit in the trial court seeking change in his date of birth was dismissed as it was found to be in contravention of the 1974 Act. In appeal, the High Court allowed the request of the employee, while observing that the Act of 1974 and other allied laws were not brought to the notice of the employee. The corporation then moved an appeal before the Supreme Court against this order..The Supreme Court noted that the observation of the High Court that the corporation should have brought the law relating to the change of date of birth to the notice of the employee is bad in law and cannot be accepted."Being the employee of the corporation, he was supposed to know the rules and regulations applicable to the employees of the corporation. Ignorance of law cannot be an excuse to get out of the applicability of the statutory provisions," the Supreme Court observed.However, the Court noted that even if the reasoning of the High Court is accepted, the employee was not entitled to any relief or change of date of birth on the ground of delay and laches as the request was made after a lapse of 24 years since he joined service..While allowing the appeal of the corporation, the Court observed that an application for change of date of birth on the part of the employee can only be as per the provisions of the 1974 Act.Additionally, the Court held, "application can be rejected on the ground of delay and latches also more particularly when it is made at the fag end of service and/or when the employee is about to retire on attaining the age of super-annuation."The Court, however, has clarified that since the employee in the instant case has already retired from service, the outcome of the judgment in the instant case shall not apply to the employee..Senior Advocate Gurudas S Kannur appeared for the applicant. Advocate Ashok Bannidinni appeared for the respondents..[Read judgment]