Madhya Pradesh High Court
Smt. Madhubala Sharma vs The State Of Madhya Pradesh on 14 May, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2025:MPHC-IND:12687
1 WP-16037-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 14th OF MAY, 2025
WRIT PETITION No. 16037 of 2025
SMT. MADHUBALA SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Chandrakant Verma, learned counsel for the petitioner.
Shri Bhuwan Deshmukh, learned counsel for the respondent/state.
ORDER
The present petition is filed under Article 226 of the Constitution of
India challenging the order dated 28.02.2025 passed by respondent no.6 by
which the petitioner has been superannuated with effect from 28.12.2025 on
completion of 62 years of age considering his date of birth recorded in the
service book as 09.02.1963.
Learned counsel for the petitioner submits that the petitioner has been
wrongly superannuated considering his date of birth as 09.02.1963, whereas,
the date of birth of the petitioner is mentioned in the transfer certificate of
the school as 04.02.1964.
The petitioner had joined the services of the department on the post of
Sikhsha Karmi in the year 1998. From the service book Annexure P/2, it is
evident that in the service book the entry of date of birth is 09.02.1963. Since
1998, the petitioner had not taken any steps to get his date of birth corrected
NEUTRAL CITATION NO. 2025:MPHC-IND:12687
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and at the fag end of his service when the petitioner has been superannuated.
The petitioner submits that his date of birth is incorrectly recorded.
The law relating to date of birth is no longer res integra as the Apex
Court in the case of Burn Standard Co. Ltd. and others vs. Dinabandhu
Majmdar & another, AIR 1995 SC 1499 , it has been held that the entry in
regard to the date of birth in the service record cannot be allowed to be
changed at the fag end of service. The relevant para is extracted hereunder:
"Ordinarily High Courts should not, in exercise of its
discretionary writ jurisdiction, entertain a writ
application/petition filed by an employee of the
Government or its instrumentality, towards the fag end
of his service, seeking correction of his date of birth
entered in his 'Service and Leave Record' or Service
Register with the avowed object of continuing in
service beyond the normal period of his retirement."
The same view has been taken in the case of State of Maharashtra vs.
Gorakhnath Sitaram Kamble and others, (2010)14 SCC 423; Surendra Singh
vs. State of M.P. & Ors., 2007(1) MPLJ 286. A Division Bench of this Court
in WA-101- 2017 [Suresh Kumar Pithode vs. Western Coalfields Ltd.];
WA881-2017 [Shiv Prasad vs. Western Coalfields Ltd. and others] ; and WA-
228-2018 [Chief Managing Director, WCL & others vs. Sheikh Yusuf]
reiterated the same view.
Apart from that, in a recent judgment passed in the case of M/S
BHARAT COKING COAL LTD. & Ors Vs. Shyam Kishore Singh passed in
Civil Appeal No.1009/2020, the Apex Court held that the correction in the
date of birth after the period of 30 years is not permissible.
In view of the aforesaid enunciation of law, this Court does not find
any cae for interference.
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Accordingly, the present petition stands dismissed.
No order as to cost.
(VIJAY KUMAR SHUKLA)
JUDGE
Sourabh
