- 1 - HC-KAR NC: 2025:KHC:45503 WP No. 3272 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 3272 OF 2022 (S-RES) BETWEEN: SMT MUDDAMMA W/O VENKATESHAPPA AGED ABOUT 52 YEARS, RESIDING AT JAMBIGE MARADAHALLI VILLAGE SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DISTRICT 562104 …PETITIONER (BY SRI. MOHAMMED MUJASSIM, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY M S BUILDING 3RD GATE, I FLOOR BANGALORE 560001 2. THE DEPARTMENT OF WOMEN AND CHILDREN DEVELOPMENT M S BUILDING I FLOOR, BANGALORE 560001 REP. BY ITS DIRECTOR 3. THE DEPARTMENT OF WOMEN AND CHILDREN DEVELOPMENT CHIKKABALLAPURA DISTRICT Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45503 WP No. 3272 of 2022 CHIKKABALLAPURA REP. BY ITS DEPUTY DIRECTOR 562101 4. THE CDPO CHILDREN DEVELOPMENT OFFICER WOMEN AND CHILD DEVELOPMENT OFFICER GUDIBANDE CHIKKABALAPURA DISTRICT 561209 5. SMT J S MAMTHA W/O LATE RAVI AGED ABOUT 29 YEARS, RESIDING AT JAMBIGE MARADAHALLI VILLAGE SOMENAHALLI HOBLI GUDIBANDE TALUK CHIKKABALAPURA DISTRICT 562104 …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 TO R4 R5 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 AND R4 TO CONSIDER THE REPRESENTATIONS VIDE ANNEXURE-G AND H DATED 02.09.2021 AND TO DISPOSE OFF THE SAME EXPEDITIOUSLY. QUASHING THE NOTIFICATION DATED 21.10.2021 AND SELECTION LISTED BEARING NUMBER DATED 12.01.2022 VIDE ANNEXURE-L AND M RESPECTIVELY TO EXTENT OF ISSUING TO NOTIFICATION CALLING VACANCY FOR THE POST OF PETITIONER AND SELECTION OF R5 PLACE OF THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:45503 WP No. 3272 of 2022 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition seeking for the following prayer: i. Issue a writ or order or direction in the nature of Mandamus directing the respondent Nos.3 and 4 to consider the representations vide Annexures G and H dated 02.09.2021 and to dispose of the same expeditiously; ii. Issue a writ or order or direction in the nature of Certiorari quashing the notification bearing No.UU NI Che/Ma Ma Aa Ee/Am Sa/2021-22/178 dated 21.10.2021 vide Annexure-L issued by respondent No.3 and selection listed bearing No.Shi Aa Yu/Gu Di Bangalore/Am Sa Ha/Ta Aa Pa/2021-22 dated 12.01.2022 vide Annexure-M issued by respondent No.4 respectively to extent of issuing to notification calling vacancy for the post of petitioner and - 4 - HC-KAR NC: 2025:KHC:45503 WP No. 3272 of 2022 selection of respondent No.5 in place of the petitioner. 2. Brief facts leading rise to the filing of this writ petition are as follows: 3. The petitioner was appointed as an Assistant Post to Anganawadi Central i.e. Respondent No.3 office and her appointment letter was issued on 19.12.1996. At the time of appointment, the petitioner has not submitted any documents to show her date of birth. While she was working, her date of birth is shown as 01.02.1960. The petitioner noticed that her date of birth was wrongly mentioned as 01.02.1960 instead of 9.9.1969. 4. After noticing the said fact, the petitioner submitted the representations dated 23.06.2020 and 31.08.2020. Respondent Nos.3 and 4 did not take into consideration the set of representations submitted by the petitioner and relieved the petitioner from the - 5 - HC-KAR NC: 2025:KHC:45503 WP No. 3272 of 2022 services. Hence, the petitioner aggrieved by the order dated 21.10.2021 and selection list dated 12.01.2022 vide Annexures L and M filed this writ petition. 5. Respondent Nos.1 to 4 filed the statement of objections contending that the petitioner has not submitted the records which are produced as Annexures A, B and C to the writ petition. It is contended that she was appointed on 19.12.1996 as Anganwadi helper on an Honorarium position, temporarily, based on the recommendation of the Village Level Committee. At the time of her appointment, she has not submitted any document in support of her date of birth. It is contended that a contributory pension scheme was formulated for Anganwadi workers and helpers dated 18.03.2011 as 'Swavalamban Contributory New Pension Scheme' (hereinafter referred to as "NPS Scheme" in short), which is contributory scheme for retirement benefits to the Anganwadi workers and helpers. - 6 - HC-KAR NC: 2025:KHC:45503 WP No. 3272 of 2022 6. The petitioner declared her date of birth as 01.02.1960 while registering to NPS scheme and the same was accepted by respondent No.4. She has produced permanent account number along with her name, date of birth and signature etc. and further she was also informed to notify that if any discrepancy observed with respect to details provided by her and registered with Central Record Keeping Agency. The petitioner did not made any representation for rectification of discrepancy in the date of birth. The petitioner submitted a representation at the fag end of her service for alteration of the date of birth. The petitioner retired from service on attaining the age of superannuation on 31.05.2020 and the petitioner filed the writ petition on 07.02.2022. Hence, prays to dismiss the writ petition. 7. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent Nos.1 to 4. - 7 - HC-KAR NC: 2025:KHC:45503 WP No. 3272 of 2022 8. Learned counsel for the petitioner submits that the petitioner was unaware about the date of birth entered at the time of registering for NPS scheme as 01.02.1960. In fact her date of birth is 09.09.1969. The petitioner after notifying the mistake in the date of birth submitted the representations vide Annexures- E and F. The respondent relieved the petitioner from service without considering the said representations. Hence, a direction be issued to the respondents to consider the representations vide Annexures E and F and also to quash the selection list vide Annexure M, by allowing the writ petition. 9. Per contra, learned Additional Government Advocate submits that the petitioner, while registering herself for the NPS scheme, has shown her date of birth as 01.02.1960, and thereafter it was notified to the employee to carry out any discrepancy observed with respect to the details provided by them while registering the scheme. The petitioner has not taken - 8 - HC-KAR NC: 2025:KHC:45503 WP No. 3272 of 2022 any steps for carrying out the rectification of discrepancy. As per the records, the petitioner was born on 01.02.1960 and not on 09.09.1969. The petitioner has not produced Annexures A, B and C at the time of joining the service. Hence the writ petition filed by the petitioner is not maintainable. Hence, on these grounds prays to dismiss the writ petition. 10. Perused the records and considered the submissions of the learned counsel for the parties. 11. It is undisputed fact that the petitioner was appointed as an Anganawadi Assistant on 19.12.1996. The respondents have introduced NPS scheme, wherein the petitioner got registered her name under the scheme. In the said scheme while filling up the form, she has shown her date of birth as 01.02.1960 and not as 09.09.1969 as contended by the petitioner in the writ petition. The said scheme was introduced and formulated in 2011 and she retired from the service in 2020. At the fag end of her service, she has submitted - 9 - HC-KAR NC: 2025:KHC:45503 WP No. 3272 of 2022 a representation for modification of her date of birth. The petitioner produced Annexure A to C for rectification of date of her birth i.e., transfer certificate vide Annexure-A, voter ID vide Annexure-B and Aadhaar card vide Annexure-C, which disclose that the petitioner was born on 09.09.1969 and not on 01.02.1960. The petitioner has made the representation only at the fag end of her service i.e. after three decades from the induction into service. The law is well settled that if a particular date of birth is entered in the service register, the change sought cannot be entertained at the fag end of service after accepting it to be correct during the entire service. In the present case, the petitioner has produced Annexure-A wherein it discloses her date of birth as 09.09.1969. As already pointed out, the petitioner has not taken any steps for rectification of the date of birth immediately after induction into the service. The petitioner was well aware about her date of birth - 10 - HC-KAR NC: 2025:KHC:45503 WP No. 3272 of 2022 shown in the service register maintained by the respondents and has kept quite for more than three decades and at the fag end of her service, the petitioner makes a representation to the second respondent for rectifying the date of birth. The action of the petitioner in making representations for rectifying the date of birth at the fag end of her service is not sustainable and it is a belated dispute. 12. The petitioner has not explained the reason for the delay in making the representation for rectification of her date of birth. Thus, the representations made by the petitioner is a belated dispute which cannot be entertained by the writ court. I would like to place a reliance on the judgment of the Hon’ble Apex Court in the case of BHARAT COKING COAL LIMITED AND OTHERS Vs SHYAM KISHORE SINGH reported in (2020) 3 SCC 411, wherein, the Hon’ble Apex Court held that “the prayer for change of date of birth at the fag end of career is impermissible”. The petitioner is - 11 - HC-KAR NC: 2025:KHC:45503 WP No. 3272 of 2022 not entitled for the relief sought in respect of correction of date of birth. As far as rectification of the date of birth is concerned, it is a disputed question of fact and the writ Court cannot adjudicate on the disputed question of fact. Further, the claim of the petitioner is clearly barred by the principles of estoppel, acquiescence and waiver. I do not find any grounds to entertain the writ petition. 13. Accordingly, I proceed to pass the following order : ORDER The writ petition is dismissed. The pending interlocutory applications, if any, do not survive for consideration and the same are disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV