Supreme Court Digest of Recent Cases
(2006) 6 SCC 537

Service Law

Retirement/Superannuation

— Age for retirement/Superannuation — Alteration/Correction of date of birth entered in service record — Request for, made at the verge of retirement cannot be entertained — Request must be made within the period, if any, prescribed under the rules and in absence thereof, within a reasonable period — Request must be in accordance with the procedure prescribed — Onus lies on the employee concerned to make out a clear case for alteration on the basis of material of conclusive nature — Court/Tribunal must be satisfied as regards these aspects and also that there has been real injustice to the employee concerned — Court/Tribunal should be slow in granting interim relief or continuation in service unless there is a prima facie evidence of unimpeachable nature — Court/Tribunal should not issue any direction or make any declaration in favour of the employee merely on the basis of materials which make his case only plausible — Court/Tribunal should keep in mind that alteration of date of birth of an employee at the late stage may affect promotional prospects of those junior to him — Request for change of date of birth made by respondent only after the order intimating date of his retirement was received by him a few months prior to that date, held on facts, cannot be accepted, being in violation of specific Rule applicable to such employee, (2006) 6 SCC 537



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