Case at a Glance
A Record Clerk in LIC, whose service record showed her date of birth as 15 October 1966 based on a school admission register extract she produced at entry, sought to change it to 15 October 1968 on the strength of a birth certificate issued in July 2026, which would give her two more years of service. She was due to retire on 31 October 2026 and had first sought correction only in March 2026. Applying Clause 7(2) of the LIC (Verification of Date of Birth of Employees) Instructions, 1970, the Kerala High Court held that an employee cannot seek correction at the fag end of service and dismissed the writ petition.
The petitioner, a member of a Scheduled Tribe, worked as a Record Clerk with LIC. She said she joined as a temporary peon in 2000, was made permanent in 2012 and promoted in 2014; LIC’s documents showed an application dated 30 May 2011 and an appointment letter dated 15 February 2012. She had not completed SSLC, and at entry produced an extract of the admission register of a Government Higher Secondary School in Alappuzha, on the basis of which her date of birth was recorded as 15 October 1966.
In March 2026 she applied to correct it to 15 October 1968, relying on a birth certificate issued on 29 July 2026, which would extend her service by two years. Her application and appeal within LIC failed, and her representation to the Chairman was rejected on 31 October 2026, the day she was to retire on the recorded date. She then approached the High Court.
The Key Question Before the Court
Can an employee obtain correction of the date of birth recorded on the basis of her own entry documents when she seeks it only at the end of her service?
Entry Documents Bind, Late Claims Fail
Justice Gopinath P. relied on Clause 7(2) of the LIC (Verification of Date of Birth of Employees) Instructions, 1970, under which a date of birth entered on the basis of a listed document produced at entry shall not be altered in the Corporation’s records at the request of the employee at any time thereafter. The petitioner’s date was recorded on the school admission register extract that she herself produced, and she raised no claim until March 2026.
The Court held that “the petitioner cannot at the fag end of her service seek to have the date of birth corrected in her service records”, observing that it is settled by the High Court and the Supreme Court that “an employee cannot seek such correction at the fag end of his or her service.” LIC had placed on record the Supreme Court’s decision in Life Insurance Corporation of India v. R. Basavaraju alias Basappa. The petition was decided at the admission stage.
What the Court Actually Held
- The writ petition was dismissed: “The writ petition fails and is accordingly, dismissed.”
- Under Clause 7(2) of the LIC Instructions, 1970, a date of birth recorded from a listed entry document cannot be altered later at the employee’s request.
- An employee cannot seek correction of date of birth at the fag end of service.
- A birth certificate obtained in 2026, years after entry, did not displace the date recorded from the employee’s own school records.
Why This Judgment Matters
- It reinforces the settled rule against end-of-service date-of-birth corrections that extend tenure.
- It shows that LIC’s own instructions make entry-stage records final.
- It warns employees to verify service records early, not when retirement approaches.
What Should Advocates Take Away From the Judgment?
For Employees
- Check the date of birth in your service record soon after joining.
- If it is wrong, apply promptly with documentary proof; delay is usually fatal.
- A late-issued birth certificate may not override the document you produced at entry.
For Counsel
- Look first at the employer’s service rules on finality of entry-stage records.
- Writs filed days before retirement face the ‘fag end’ bar.
- Explain any delay with specific reasons and contemporaneous evidence.
Key Takeaways
- Date of birth recorded from entry documents is final under LIC’s 1970 Instructions.
- Correction sought in the last months of service was refused.
- A 2026 birth certificate did not help.
- The petition was dismissed at admission.
Frequently Asked Questions
Can a government or PSU employee correct date of birth just before retirement?
Generally no. The Court reiterated that an employee cannot seek such correction at the fag end of service.
What did LIC’s rules say?
Clause 7(2) of the LIC (Verification of Date of Birth of Employees) Instructions, 1970 provides that a date recorded from a listed entry document shall not be altered later at the employee’s request.
Did the new birth certificate make a difference?
No. The date was recorded from the school admission register extract she produced at entry, and the correction was sought only in 2026.
Conclusion
The judgment applies a well-worn rule: service records built on an employee’s own entry documents are not reopened when retirement is at the door.
Practical takeaway: Employees should verify and correct their date of birth early in service; late corrections that would extend tenure are almost always refused.
For more judgments, legal opinions and case analysis, visit courtkutchehry.com