A retired music teacher sought alteration of her date of birth in service records and deletion of an endorsement on her SSLC marks card. The court held the request was barred by Sections 4 and 5 of the Karnataka State Servants (Determination of Age) Act, 1974 since she never sought correction while in service, and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 191 OF 2024 (S-RES)
BETWEEN:
D. SHASHIKALA, D/O LATE D. VENKATARAMANA, AGED ABOUT 72 YEARS, NO. 31/50, GOPIGANA NILAYA, SANNIDHI ROAD, BASAVANAGUDI, BANGALORE - 560 004.
…PETITIONER
(BY SRI. RAGHAVENDRA K., ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: High Court of Karnataka
NC: 2024:KHC:6185 WP No. 191 of 2024
…RESPONDENTS
(BY SRI. B. RAVINDRANATH, AGA FOR R1 AND R2; SRI. SUBRAMANI, ADVOCATE FOR R3 AND R4)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO a) DIRECTING THE R1 AND 2 TO ISSUE S.S.L.C. MARKS CARD BY REMOVING THE WORDS THIS AMENDED DATE OF BIRTH SHALL NOT APPLICABLE TO THE SERVICE RECORDS AT ANY POINT OF TIME AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed assailing the impugned endorsement dated 22.02.2023, issued by respondents No.3 and 4 as per Annexure-J, thereby declining to alter the date of birth in service records and also seeking a
NC: 2024:KHC:6185 WP No. 191 of 2024
mandamus against respondents No.1 and 2 to issue SSLC marks cards by deleting the endorsement made on the marks card issued wherein the date of birth was corrected pursuant to the decree passed in O.S.No.4988/2013.
in a high school run by respondent No.4-corporation. The petitioner took voluntary retirement on 01.09.2001.
NC: 2024:KHC:6185 WP No. 191 of 2024
change in date of birth cannot be used to make alterations in the service records.
learned counsel for the respondents and learned AGA. Perused the material on record.
an alteration of a date of birth in service records while she was in service. It is quite strange to know that during her tenure she never sought for alteration of her date of birth. If the petitioner had retired in 2001, the representation submitted by the petitioner is squarely hit by Sections 4 and 5 of the Karnataka State Servants (Determination of Age) Act, 1974 (for short, Act, 1974'). The petitioner cannot place reliance on a decree passed by the civil court in determining her date of birth. Section 4 clearly bars a government servant from placing reliance on judgment and decree of the civil court. Section 4 clearly contemplates that authority is not obliged to alter the date of birth based on a decree. Section 5(2) of the Act, 1974, clearly contemplates that if the government servant/employee notices any error in recording date of birth in service records, such an application has to be made within three years from the date on which her/him date of birth is accepted and recorded in the service register.
NC: 2024:KHC:6185 WP No. 191 of 2024
moved within a stipulated period indicated in the Act, 1974. In that view of the matter, I pass the following:
ORDER
The writ petition is devoid of merits and
accordingly, stands dismissed .
Sd/JUDGE
HDK List No.: 1 Sl No.: 9 CT:SNN
2 issues framed by the court
Whether a retired employee can seek alteration of date of birth in service records based on a civil court decree under the Karnataka State Servants (Determination of Age) Act, 1974.
Whether respondents could endorse that the corrected SSLC date of birth is not applicable to service records.
4 provisions across 2 enactments
D. Shashikala
The Secretary, Karnataka Secondary Education Examination Board
The Commissioner of Public Instructions
The Regional Joint Commissioner (South)
The Assistant Commissioner (Administrative) Bangalore South
The Accountant General
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
