Karnataka High Court
D Shashikala vs The Secretary on 13 February, 2024
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WP No. 191 of 2024
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:
1. THE SECRETARY,
KARNATAKA SECONDARY EDUCATION
EXAMINATION BOARD,
Digitally signed MALLESHWARAM, 6TH CROSS,
by V KRISHNA BANGALORE - 560 003.
Location: High
Court of
Karnataka 2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS,
NRUPATHUNGA ROAD,
K.R. CIRCLE,
BANGALORE - 560 001.
3. THE REGIONAL JOINT COMMISSIONER (SOUTH)
B.B.M.P COMMERCIAL COMPLEX,
2ND BLOCK, JAYANAGARA,
BANGALORE - 560 004.
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WP No. 191 of 2024
4. THE ASSISTANT COMMISSIONER (ADMINISTRATIVE)
BANGALORE SOUTH,
B.B.M.P COMMERCIAL COMPLEX,
2ND BLOCK, JAYANAGARA,
BANGALORE - 560 004.
5. THE ACCOUNTANT GENERAL,
OFFICE OF THE ACCOUNTANT GENERAL,
PARK HOUSE ROAD,
DEVARAJA ARASU ROAD,
OPP. TO K.P.S.C
BANGALORE - 560 001.
...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
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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.
2. The petitioner was working as a music teacher
in a high school run by respondent No.4-corporation. The
petitioner took voluntary retirement on 01.09.2001.
3. The petitioner filed a suit against respondent
No.1-Board and respondent No.2-Commissioner, seeking a
declaration that she was born on 20.10.1951 as against
02.10.1951 and therefore sought a direction against
defendants to rectify the date of birth indicated in the
marks card and SSLC certificate. The said suit was decreed
by judgment and decree dated 03.04.2014. Based on the
decree, it appears that the petitioner approached
respondents No.1 and 2 to alter the date of birth.
Respondent No.1 though issued a fresh SSLC certificate by
altering the date of birth to 20.10.1951, however, an
endorsement is made by the authority indicating that this
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change in date of birth cannot be used to make alterations
in the service records.
4. Based on the judgment and decree, the
petitioner also submitted a representation to respondent
No.4. Respondent No.4 dehors decree passed by the civil
court, was not inclined to alter the date of birth in the
service records; accordingly, an endorsement was issued
as per Annexure-J, which is under challenge.
5. Heard learned counsel for the petitioner,
learned counsel for the respondents and learned AGA.
Perused the material on record.
6. Having examined the records, I am of the view
that the petitioner is not entitled for any indulgence at the
hands of this Court. The petitioner took voluntary
retirement on 01.09.2001. As rightly pointed out by the
learned counsel for respondent No.4, if petitioner's age
and date of birth were recorded in service records as the
date of entry into the service, she did not admittedly seek
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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.
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7. The contention raised in the captioned petition
lacks bonafides. If the petitioner has retired in 2001, there
is no provision that enables the petitioner to seek an
alteration of the date of birth in the service records. If she
had accepted the date of birth recorded in her service
record through-out her service and retired in 2001, she
cannot seek alteration by placing reliance on judgment
and decree rendered by the civil court.
8. If respondents No.1 and 2, taking cognizance of
the decree passed by the civil court, have altered the date
of birth in SSLC certificate, it is well within the power of
respondents No.1 and 2 to indicate that the alteration of
the date of birth pursuant to the decree passed by the civil
court cannot be used to seek rectification of the date of
birth in the service records. Even in the absence of such
an endorsement by respondents No.1 and 2, there is a
clear bar under the Act, 1974, as cited supra, to seek
alteration of date of birth if such an application is not
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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
CT:SNN
