Gujarat High Court
Himmatsinh Sheraji Sodha vs Gujarat Mines Development Corporation ... on 11 September, 2025
NEUTRAL CITATION
C/SCA/12906/2018 JUDGMENT DATED: 11/09/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12906 of 2018
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2018
In R/SPECIAL CIVIL APPLICATION NO. 12906 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
==========================================================
Approved for Reporting Yes No
==========================================================
HIMMATSINH SHERAJI SODHA
Versus
GUJARAT MINES DEVELOPMENT CORPORATION LIMITED (GMDC)
THROUGH GENERAL MANAGER, HR
==========================================================
Appearance:
MR MA PAREKH(1088) for the Petitioner(s) No. 1
MR.VARUN K.PATEL(3802) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 11/09/2025
ORAL JUDGMENT
1. The prayer in this writ petition is to quash the order passed by
the respondent by which the petitioners request for rectifying
the date of birth as 06.03.1960 instead of 15.08.1958 has been
rejected.
2. It is not in dispute that the petitioner was appointed on
05.09.1981. It is also not in dispute that the petitioner made a
NEUTRAL CITATION
C/SCA/12906/2018 JUDGMENT DATED: 11/09/2025
undefined
request for change of his date of birth in the records only in the
year 2017 i.e., nearly 26 years after he joined service. In other
words, at the fag end of his service, the petitioner made a claim
that his date of birth was wrongly entered.
3. It is the case of the petitioner that he had furnished the school
living certificate at the time of his appointment which indicated
that his date of birth was 06.03.1960, but the same was not
considered and the wrong entry was made that he was born on
15.08.1958.
4. It is pertinent to state here that the petitioner has not produced
a copy of the school leaving certificate that the petitioner
claimed to have furnished to the employer at the time of his
appointment in 1981 and what is produced in this petition is a
school leaving certificate obtained in the year 2017.
5. It is also not in dispute that an identity card was issued to the
petitioner. In one identity card issued to the petitioner, his date
of birth was recorded as 15.08.1958. It is therefore clear that
the petitioner was aware that in the records his date of birth
had been entered as 15.08.1958 and not as 06.03.1960.
6. Learned Counsel however, seeks to place reliance on another ID
card, a copy of which is produced as Annexure - G in which the
date of birth is shown as 26.10.1960. As noticed above, the
petitioner claimed that his date of birth was 06.03.1960
whereas Annexure - G indicates that the date of birth was
recorded as 26.10.1960. This would also therefore indicate that
the date of birth indicated on Annexure G was not in
NEUTRAL CITATION
C/SCA/12906/2018 JUDGMENT DATED: 11/09/2025
undefined
accordance with the claim made by the petitioner.
7. Be that as it may, the fact remains that the petitioner made a
claim for rectification of the date of birth nearly 26 years after
he joined service and at the time he was due for
superannuation.
8. In the light of the settled position of law that an employee
cannot be permitted to seek for rectification of his date of birth
at the fag end of his service, I find no justification to entertain
this writ petition, since the authorities have correctly rejected
the request on the ground that it is belated.
9. Accordingly, the writ petition along with civil application is
therefore dismissed. Rule is hereby discharged.
(NSSG,J)
Mehul Desai
