Karnataka High Court
Sri M Shivaprasad vs The State Of Karnataka on 29 July, 2024
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WP No. 26604 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA
WRIT PETITION NO. 26604 OF 2023 (S-KSAT)
BETWEEN:
SRI. M. SHIVAPRASAD
S/O MALLAIAH
AGED ABOUT 53 YEARS
SENIOR INSPECTOR OF MOTOR VEHICLES
RECENTLY WORKING AS
REGIONAL TRANSPORT OFFICER
NELAMANGALA
BENGALURU RURAL DIVISION
BENGALURU-560 011
...PETITIONER
(BY SRI. UMA SHANKAR M.N., ADVOCATE)
AND:
Digitally signed 1. THE STATE OF KARNATAKA
by
CHANNEGOWDA REPTD BY ITS SECRETARY
PREMA
Location: High
DEPARTMENT OF TRANSPORT
Court of
Karnataka
M.S. BUILDING
BENGALURU-560 001
2. THE COMMISSIONER
OFFICE OF THE COMMISSIONER
FOR TRANSPORT
1ST FLOOR, A-BLOCK
TTMC BUILDING
SHANTHINAGARA
BENGALURU-560 027
...RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA FOR RESPONDENTS)
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WP No. 26604 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO a) THE PETITIONER
RESPECTFULLY PRAYS THAT FOR THE REASONS STATED
ABOVE, THIS HON'BLE COURT MAY BE PLEASED ISSUE A WRIT
OF CERTIORARI AND AFTER CALLING FOR THE RECORDS OF
THE PROCEEDINGS IN APPLICATION No.5618/2021 DATED
28TH JULY 2022 ON THE FILE OF THE KARNATAKA
ADMINISTRATIVE TRIBUNAL AT ANNEXURE-A AND AFTER
EXAMINING THE SAME QUASH AND SET ASIDE THE ORDER
DATED 28TH JULY 2022 IN APPLICATION No.5618/2021 PASSED
BY THE LEARNED KARNATAKA ADMINISTRATIVE TRIBUNAL AT
ANNEXURE-A IN THE INTEREST OF JUSTICE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel for the petitioner as well as the learned Additional Government Advocate appearing for the respondents.
2. The writ petition is filed seeking the following reliefs:
"a) Therefore, the Petitioner respectfully prays that for the reasons stated above, this Honourable Court may be pleased issue a writ of certiorari and after calling for the -3- NC: 2024:KHC:29711-DB WP No. 26604 of 2023 records of the proceedings in Application No.5618/2021 dated 28.07.2022 on the file of the Karnataka Administrative Tribunal at Annexure-A and after examining the same quash and set aside the order dated 28th July 2022 in Application No.5618/2021 passed by the learned Karnataka Administrative Tribunal at Annexure-A in the interest of justice.
b)Therefore, that for the reasons stated above, the petitioner respectfully prays that this Honourable Court may be pleased to issue any other appropriate direction to the respondents or pass any appropriate order, in the facts and circumstances of the case, as this Honourable Court may deem fit, in the interest of justice."
3. It is submitted by the learned counsel for the petitioner that the petitioner's date of birth was wrongly entered in academic and service record as 12.02.1968. It is submitted that his correct date of birth being 12.03.1969, he had made an application before the competent Authority for correction of date of birth i.e., 28.12.2020. The said request has been rejected by Annexure-A8 on 24.02.2021, on the ground that the applicant could not have sought a change in the date of birth entered in Service Register unless it was made within three years from such entry, without obtaining orders from the competent Civil Court.
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4. Learned counsel for the petitioner submits that the endorsement is absolutely erroneous, since the Civil Court could have no jurisdiction to consider the issue with regard to date of birth of a Government Servant. It is further contended that it is not at the fag end of his career that he has sought a change in the Date of Birth and that in the light of the documents which were produced by the petitioner, the request should have been appropriately considered.
5. Learned Additional Government Advocate would, on the other hand, contend that the procedure in the Rules relating to recording of age of Government Servants is provided in the Karnataka State Servants (Determination of Age) Act, 1974 (for short 'Act of 1974') and that Section 5 thereof provides for alteration of age or date of birth. It is submitted that Section 5(2) provides that any application for alteration of date of birth to the advantage of a State Servant has to be made within three years from the date on which his change in date of birth is accepted and recorded in the Service Book or Service Register.
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6. It is submitted that in the instant case, the request was admittedly made after 19 years from the date of entry into service and from the date on which, the date of birth was recorded in the Service Book. It is therefore contended that the rejection of the request by the Authority as well as the dismissal of the application filed before the Tribunal cannot be said to be illegal in any manner.
7. Having considered the contentions advanced, we notice that Section 5(2) of Act of 1974, specifically provides for an application to be made by Government Servant for correction of age or date of birth within the period of three years from the date on which the age or date of birth is recorded in the Service Register.
8. It is clear that in the instant case, the petitioner's case itself was that he came to know of the alteration in the date of birth only in the year 2020 and the application is made only in December, 2020. The birth certificate which is produced by the petitioner in support of his request is one issued on 21.08.2021.
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9. In the facts and circumstances of the case and in the light of the statutory provisions, we are of the opinion that the rejection of the application by the Tribunal on the ground that request for change of date of birth was belated cannot be found fault with.
The writ petition therefore fails, the same is accordingly dismissed.
Sd/-
(ANU SIVARAMAN) JUDGE Sd/-
(G BASAVARAJA) JUDGE RAK List No.: 1 Sl No.: 10