Correction of Date of Birth in Service Book

The general legal principle is that an employer can consider a claim for correction of date of birth of an employee, in his service records, if he prefers an application within a reasonable time from the date of joining into the service. As to what would constitute a reasonable time, various case laws suggest that it is a decision that has to be taken on a case to case basis, taking into account various factors such as the bona fides of the claimant, his/her conduct, whether he/she would have obtained an unintended advantage while securing employment were the corrected date of birth taken as the actual date of birth, whether the employee is estopped from claiming a different date as his date of birth and the prejudice that would be caused to his juniors in service through an acceptance of the claim.

In Kerala Government Service, correction of date of birth is governed by GO (P) No. 45/91/P&ARD dated 30/12/1991. According to the said government order, after 30/12/1991, the correction of date of birth if any needed in the case of a Government employee shall be made within five years of one’s entry into service. In the case of those who have already crossed this limit, one year time from 30/12/1991 is allowed, provided they apply before the two years period preceding retirement, reckoned with reference to the date of birth as recorded in the service book.

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About Thomas Geeverghese

Advocate, Ernakulam
This entry was posted in Kerala Service Law, Service Law and tagged , , , , , , , , . Bookmark the permalink.

One Response to Correction of Date of Birth in Service Book

  1. Shiraz says:

    See the decision of High court of Kerala in Achama vs. State of Kerala, reported in I.L.R. 2015 [3] Kerala 716. This decision considers what is the ‘reasonable time’?.

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