Dismissed

Narayan Vishwanath Kadam v. the State of Maharashtra and Others

Bombay HC16 Nov 2016WP/5140/2016

Case brief

AI extract

What is this about?

In a Writ Petition, the petitioner sought directions to compel respondents to consider his application for correcting his date of birth in his service book. The petitioner was on the verge of retirement, but the application was filed belatedly. The court dismissed the petition holding it lacked substance. The case was rejected as the petition failed to address the statutory time limits for such co

What did the court decide?

The petitioner's application for correction of date of birth was not to be considered.

Narayan Vishwanath Kadam Vs the State of… — Pension and Retirement Benefits | Bombay HC (2016)

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1 31-wp5140.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.5140 OF 2016

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Narayan s/o. Vishwanath Kadam,
Age:57 years, Occ. Service,
R/o. House No.33, Drongiri Nagar,
Hadgaon, Tq. Hadgaon,
Dist. Nanded

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..Petitioner

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Vs.

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The State of Maharashtra,
Through Secretary,
School Education and Sports
Department, Mantralaya
Mumbai and ors.

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..Respondents

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Mr.D.M.Shinde, Advocate for petitioner
Mr.M.M.Nerlikar, AGP for respondent nos.1 and 2
Mr.V.D.Gunale, Advocate for respondent no.3
Mr.A.S.Barlota, Advocate for respondent no.4

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CORAM : R.M. BORDE AND
SANGITRAO S. PATIL, JJ.
DATE : NOVEMBER 16, 2016

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PER COURT :

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Heard.

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2.The petitioner is praying for issuance of
directions to the respondents to consider the
application tendered by him for effecting change
in the date of birth recorded in his service book.

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2 31-wp5140.odt

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3.The petitioner is employed in a private

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school and is on the verge of retirement.
According to the petitioner, the date of birth
recorded in his service-book as 15.11.1958, is
erroneous and the same is required to be corrected
as 15.11.1959. The application tendered by the
petitioner on 10.03.2016 for change in the date of
birth has not yet been decided by the
respondents/authorities.

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4.The petitioner was employed in the year

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1986 and is due to retire in the month of
November, 2016. The petitioner tendered the
application to the respondents/authorities seeking
correction in the date of birth in service-book
belatedly i.e. in the month of March, 2016.

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5.In view of the Bar contained under Rule
67.6 of the Secondary School Code read with
Annexure 53, the change, if any, in the entry
regarding the date of birth, shall be carried out

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3 31-wp5140.odt

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within a period of two years from the date of the

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initial appointment of an employee. Rule 38 of the
Maharashtra Civil Services (General Conditions of
Services) Rules, 1981, also prescribe the
limitation of five years from the date of initial
entry of an employee in the employment, for
effecting change in the entry regarding the date
of birth in the service-book.

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6.In view of the above, the application

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tendered by the petitioner for recording change in

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the service-book regarding his date of birth
belatedly i.e. contemplation of his retirement
within few months, need not be directed to be
considered.

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7.The Writ Petition is devoid of substance
and as such, stands rejected.

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[SANGITRAO S. PATIL, J.] [R.M. BORDE, J.]

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kbp

Narayan Vishwanath Kadam v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Narayan Vishwanath Kadam v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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