Smt Jani Bai vs The State Of Madhya Pradesh
2025 Latest Caselaw 9159 MP

Madhya Pradesh High Court

Smt Jani Bai vs The State Of Madhya Pradesh on 12 September, 2025

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2025:MPHC-IND:26205




                                                              1                               WP-29365-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 12th OF SEPTEMBER, 2025
                                                WRIT PETITION No. 29365 of 2024
                                                    SMT JANI BAI
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri Ashish Choubey, learned counsel for the petitioner.

                                   Shri Kushagra Jain, learned counsel for the respondent/state.

                                                                  ORDER

The present petition is filed under Article 226 of the Constitution of India being aggrieved by the order dated 03.06.2024 by which the petitioner has been directed to be retired with effect from 31.08.2024 as per the date of birth recorded in the MIS.

The contention of the petitioner is that incorrect date of birth has been recorded in the respondent department portal Management Information System (MIS) and on that basis the petitioner has been sought to be retired.

He argued that his correct date of birth is 05.05.1967.

The respondents have filed the reply and stated that as per the service record of the petitioner, the petitioner was appointed on 27.09.1989 and the date of birth of the petitioner was recorded at the time of entering in service, which was subsequent fed in MIS portal i.e. 12.08.1962 and as per the said date of birth, the petitioner has been directed to be retired.

NEUTRAL CITATION NO. 2025:MPHC-IND:26205

2 WP-29365-2024 He argued that about three decades, the petitioner did not file any application for correction in date of birth only when the order of retirement was passed then the application for correction of date of birth was filed. He further argued that the law in regard to the correction of date of birth is no longer res-integra that at the fag end of the service, the employee cannot be allowed to get corrected his date of birth.

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.]; WA 881-2017 [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

NEUTRAL CITATION NO. 2025:MPHC-IND:26205

3 WP-29365-2024 Civil Appeal No.1009/2020 , Karnataka Rural Infrastructure Development Limited v. T P Nataraja, (2021) 12 SCC 27 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 case for interference.

Accordingly, the present petition stands dismissed. No order as to cost.

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh