Neutral Citation No. - 2025:AHC:20726 Court No. - 5 Case :- WRIT - A No. - 19778 of 2024 Petitioner :- Smt. Munni Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sadhu Sharan Counsel for Respondent :- C.S.C.,Sanjay Kumar Om Hon'ble Ajay Bhanot,J. Heard Shri Sadhu Sharan, learned counsel for the petitioner and Shri Sanjay Kumar Om, learned counsel for the respondent. The petitioner was appointed in the year 2015. The petitioner has made a prayer for correction of her date of birth in the service record and consequently seeks extension of date of retirement. As per the date of birth recorded in the service record of the petitioner, she shall retire on 30.04.2025. The petitioner was fully aware of her date of birth in her service records. The petitioner did not make any application for change or alteration of date of birth in the service records in the past 10 years. Now an application has been made at the fag end of her career as she approaches the date of superannuation. Law in point is well settled. The issue of correction of date of birth at the fag end of career has arisen before various constitutional courts and is well settled. The Supreme Court in Home Deptt.v. R. Kirubakaran reported at 1994 Supp (1) SCC 155 after citing the authorities in point held as under: "7. An application for correction of the date of birth should not be dealt with by the tribunal or the High Court keeping in view only the public servant concerned. It need not be pointed out that any such direction for correction of the date of birth of the public servant concerned has a chain reaction, inasmuch as others waiting for years, below him for their respective promotions are affected in this process. Some are likely to suffer irreparable injury, inasmuch as, because of the correction of the date of birth, the officer concerned, continues in office, in some cases for years, within which time many officers who are below him in seniority waiting for their promotion, may lose their promotions for ever. Cases are not unknown when a person accepts appointment keeping in view the date of retirement of his immediate senior. According to us, this is an important aspect, which cannot be lost sight of by the court or the tribunal while examining the grievance of a public servant in respect of correction of his date of birth. As such, unless a clear case, on the basis of materials which can be held to be conclusive in nature, is made out by the respondent, the court or the tribunal should not issue a direction, on the basis of materials which make such claim only plausible. Before any such direction is issued, the court or the tribunal must be fully satisfied that there has been real injustice to the person concerned and his claim for correction of date of birth has been made in accordance with the procedure prescribed, and within the time fixed by any rule or order. If no rule or order has been framed or made, prescribing the period within which such application has to be filed, then such application must be filed within the time, which can be held to be reasonable. The applicant has to produce the evidence in support of such claim, which may amount to irrefutable proof relating to his date of birth. Whenever any such question arises, the onus is on the applicant, to prove the wrong recording of his date of birth, in his service book." Similarly the Supreme Court in State of Maharashtra and another Vs. Gorakhnath Sitaram Kamble reported at 2010 (14) SCC 423 set its face against any changes in date of birth at the instance of employee at the fag end of his career by holding as under: “16. The learned counsel for the appellant has placed reliance on the judgment of this Court in UP Madhyamik Shiksha Parishad v. Raj Kumar Agnihotri reported at (2005) 11 SCC 465. In this case, this Court has considered a number of judgments of this Court and observed that the grievance as to the date of birth in the service record should not be permitted at the fag end of the service career. 17. In another judgment in State of Uttaranchal v. Pitamber Dutt Semwal [(2005) 11 SCC 477 : 2006 SCC (L&S) 106] relief was denied to the government employee on the ground that he sought correction in the service record after nearly 30 years of service. While setting aside the judgment of the High Court, this Court observed that the High Court ought not to have interfered with the decision after almost three decades." No change in the date of birth shall thus be countenanced at the fag end of career. In wake of the preceding discussion and the authorities in point, the writ petition is dismissed. Order Date :- 13.2.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad