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
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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
