STATE OF ASSAM & ANR. versus DAKSHA PRASAD DEKA & ORS

STATE OF ASSAM & ANR. versus DAKSHA PRASAD DEKA & ORS

An application for correction of date of birth in the service record made by a public servant within three years of the date of 'actual superannuation' (according to the service record) cannot be entertained, and until the service record is corrected, compulsory retirement based on that record does not infringe Article 311(2) of the Constitution.

Parties
Appellant: State of Assam; Respondent: Daksha Prasad Deka
Jurisdiction
India
Judgment Date
23 October 1970
Procedural Posture
Appeal by Special Leave / Final Supreme Court Decision
Outcome
Appeal allowed
Legal Topics
Correction of Date of Birth in Service Records, Compulsory Retirement, Natural Justice, Article 311(2) of the Constitution
Service Law Constitutional Law Correction of Date of Birth in Service Records Compulsory Retirement Natural Justice Article 311(2) of the Constitution

Case Brief

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Parties

State of Assam

Appellant

Daksha Prasad Deka

Respondent

Procedural Posture

Appeal by Special Leave / Final Supreme Court Decision

Legal Issues

  1. 1 Whether a public servant can claim protection under Article 311(2) of the Constitution when compulsorily retired on the basis of the service record date of birth
  2. 2 Whether an application for correction of date of birth in service records made within three years of 'actual superannuation' can be entertained

Ratio Decidendi

An application for correction of date of birth in the service record made by a public servant within three years of the date of 'actual superannuation' (according to the service record) cannot be entertained, and until the service record is corrected, compulsory retirement based on that record does not infringe Article 311(2) of the Constitution.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Petition filed by the respondent dismissed