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2026 DAILYLAW 5231 (UTT)

RAM PAL v. STATE OF UTTARAKHAND

WPSS/1311/2025 · 2026-03-11

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:1599 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PSS 1 3 1 1 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Himanshu Joshi, Advocate, for the petitioner. Mr. K.N. Joshi, Deputy AG, for the State. (2) Petitioner was appointed against a Group D post in Medical Department in District Almora on 29.2.1988. At the time of entry into service, his date of birth was recorded as 1.3.1966. Based on that date of birth, petitioner was retired from service on 28.2.2026. In this writ petition, petitioner has sought the following reliefs: “I- Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents treat the school records i.e. transfer certificate and other documents to determine the age of superannuation of the petitioner from services. II- Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to correct the date of birth i.e. 15.04.1972 of the petitioner in the service record and accordingly make proper entry in the service record as per the law.” (3) Learned Counsel for the petitioner submits that as per the school record of the petitioner, his date of birth is 15.4.1972, therefore his date of birth needs to be corrected in the service book and petitioner should be permitted to continue in service till he completes 60 years of age as per the correct date of birth i.e. 15.4.1972. (4) Learned State Counsel submits that selection process was initiated in the year 1987, pursuant to which petitioner was appointed in the year 1988 and if the date of birth, which is now relied by the petitioner, is 2026:UHC:1599 treated to be correct, then petitioner was 15 years of age when selection process was initiated and at the time of appointment, he was only 16 years of age and no minor can be appointed under the State. (5) This Court is not inclined to interfere in the matter. Law is well settled that date of birth cannot be changed or corrected at the fag end of service career. Uttarakhand Government Servants (Determination of Age) Rules, 2003 provides that the date of birth mentioned in the service book at the time of entry in the service shall be treated as final and it cannot be altered at the later stage. Hon’ble Supreme Court has repeatedly held that an employee cannot seek correction of the date of birth at the fag end of service after having accepted the entry throughout the entire period of service and courts should not entertain writ petitions for correction of date of birth made after a long lapse of time or at the fag end of service. (6) Thus there is no scope for interference. Writ petition fails and is dismissed. ( Man oj Ku m ar Tiw ar i, J.) 1 1 .3 .2 0 2 6 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53 , cn=PRABODH KUMAR Date: 2026.03.12 12:53:51 +05'30' 2026:UHC:1599