F.No.19017/1/2014-Estt
(A-IV)
Government
of India
Ministry
of Personnel, Public Grievances and Pensions
Department
of Personnel and Training
North
Block, New Delhi-110 001
Dated :
16th December, 2014
OFFICE
MEMORANDUM
Subject : Alteration of date of
birth of a Government Servant — reiteration of the instructions.
Rule 56 of Fundamental Rules states
that except as otherwise provided in the rule, every Government
servant will retire from service on the afternoon of the last day of the month
in which he attains the age of sixty years.
Provided that a Government servant
whose date of birth is the first of a month shall retire from service
on the afternoon of the last day of the preceding month on attaining the age of
sixty years.
2. As per Note 6 below the
aforesaid Rule, the date of on which a Government servant attains the age of
fifty-eight years or sixty years, as the case may be, shall be determined with
reference to the date of birth declared by the Government servant at the time
of appointment and accepted by the Appropriate Authority on production, as far
as possible, of confirmatory documentary evidence such as
High School or Higher Secondary or Secondary School Certificate or
extracts from Birth Register. The date of birth so declared by the Government
servant and accepted by the Appropriate Authority shall not be subject to any
alteration except as specified in this note. An alteration of date of birth of
a Government servant can be made, with the sanction of a Ministry or Department
of the Central Government, or the Comptroller and Auditor-General in regard to
persons serving in the Indian Audit and Accounts Department, or an
Administrator of a Union Territory under which the Government servant is
serving, if —
(a) a request in this regard is made
within five years of his entry into Government service;
(b) it is clearly established that a
genuine bona fide mistake has occurred; and
(c) the date of birth so altered
would not make him ineligible to appear in any School or University
of Union Public Service Commission examination in which he had appeared, or for
entry into Government service on the date on which he first appeared at such
examination or on the date on which he entered Government service.
3. The Supreme Court of India in
Civil Appeal No.502 of 1993 — Union of India Vs. Harnam Singh — Judgement dated
9th February, 1993 had observed that :
“Inordinate and unexplained delay or
laches on the part of the respondent to seek the
necessary correction would in any case have justified the refusal of
relief to him. His inaction for all this period of about thirty five years from
the date of joining service, therefore precludes him from showing that the
entry of his date of birth in service record was not correct”.
The observations of the Apex Court
was also circulated to all Ministries and Departments of the Government of
India vide OM No.19017/2/92-Estt.(A) dated 19-5-1993.
4. All the Ministries and
Departments are requested to keep the above in view while processing cases of
requests for changes of date of birth.
5. Hindi version follows.
sd/-
(B.Bandyopadhyay)
Under Secretary to the Government of
India
