STATE OF HARYANA versus SATISH KUMAR MITTAL AND ANOTHER

STATE OF HARYANA versus SATISH KUMAR MITTAL AND ANOTHER

Relief for correction of date of birth in service records cannot be granted on delayed or stale applications made beyond the statutory period; the rules required application within two years from entry into service, and courts erred in entertaining a belated claim.

Parties
Appellant: State of Haryana; Respondent No.1: Satish Kumar Mittal; Respondent No.2 (proforma Defendant): Secretary, Board of School Education, Haryana
Jurisdiction
India
Judgment Date
07 September 2010
Procedural Posture
Civil Appeal / Final Appeal From High Court's Order Affirming Decrees Below
Outcome
Appeal allowed
Legal Topics
Correction of Date of Birth, Limitation, Delay and Laches, Application of Service Rules
Service Law Correction of Date of Birth Limitation Delay and Laches Application of Service Rules

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Parties

State of Haryana

Appellant

Satish Kumar Mittal

Respondent No.1

Secretary, Board of School Education, Haryana

Respondent No.2 (proforma Defendant)

Procedural Posture

Civil Appeal / Final Appeal From High Court's Order Affirming Decrees Below

Legal Issues

  1. 1 Whether application for correction of date of birth after prescribed period can be entertained
  2. 2 Whether courts below erred in granting relief beyond the statutory period

Ratio Decidendi

Relief for correction of date of birth in service records cannot be granted on delayed or stale applications made beyond the statutory period; the rules required application within two years from entry into service, and courts erred in entertaining a belated claim.

Court Disposition

Appeal allowed

Orders

  • Orders of High Court and courts below set aside.
  • Suit of first respondent dismissed.