Common Object

Date of birth—Alteration—Scope—Grievance application

2018 P L C Note 25Appellant at the time ofhis appointment had declared his age as 28 years, and on the basis of suchdeclaration, medical officer worked out his date of birth as 01-11-1948, whichwas mentioned in the record of his service—Appellant, after more than 28years of his joining the service, did his matric and mentioned his date ofbirth in matric certificate as 28.11.1956—Appellant moved application forchanging his date of birth, which was dismissed by the employer—Appellantfiled grievance application for directing the employer to change his date ofbirth from 01-11-1948 to 28-11-1956—Validity—Appellant repeatedly and consistentlydeclared and accepted his date of birth as 01-11-1948—Appellant’s belatedcontention that his date of birth was 28-11-1956 on the basis of matriccertificate was an afterthought, which could not be accepted—Matriccertificate, heavily relied upon by the Appellant, showed date of birth as28-11-1956, which was of no value as he had filed civil suit for declaring hisdate of birth as 28-11-1956, which was dismissed—Said findings of the trialcourt was upheld by the appellate court—Appellant did not mention anything inthe grievance petition about dismissal of his civil suit and appeal and in thisway, he had attempted to get an order in his favour by practicing fraud andmisrepresentation—Appeal was dismissed in circumstances

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