NARINDER KAUR versus PUNJAB & HARYANA HIGH COURT & ORS.

NARINDER KAUR versus PUNJAB & HARYANA HIGH COURT & ORS.

No material established that the appellant took undue advantage of the entry of birth date; she applied within the prescribed period and produced an official birth record confirming the correct date of 09.01.1972, which was not disputed. The High Court failed to conduct the mandated inquiry. The appellant is entitled to correction of her date of birth in the service record.

Parties
Appellant: Narinder Kaur; Respondents: Punjab & Haryana High Court & Ors.
Jurisdiction
India
Judgment Date
04 February 2011
Procedural Posture
Civil Appeal / Appeal Against High Court Decision
Outcome
Appeal allowed
Legal Topics
Change of Date of Birth in Service Record, Rules Regarding Date of Birth Correction, Estoppel in Service Matters
Service Law Change of Date of Birth in Service Record Rules Regarding Date of Birth Correction Estoppel in Service Matters

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Narinder Kaur

Appellant

Punjab & Haryana High Court & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Decision

Legal Issues

  1. 1 Whether the appellant is entitled to correction of date of birth in service record from 26.01.1971 to 09.01.1972 under relevant rules.

Ratio Decidendi

No material established that the appellant took undue advantage of the entry of birth date; she applied within the prescribed period and produced an official birth record confirming the correct date of 09.01.1972, which was not disputed. The High Court failed to conduct the mandated inquiry. The appellant is entitled to correction of her date of birth in the service record.

Court Disposition

Appeal allowed

Orders

  • Judgment dated 20.04.2006 of the High Court in CWP No. 16151 of 2003 set aside.
  • Order dated 12.05.2002 of Punjab & Haryana High Court rejecting change of date of birth set aside.