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Judgment
P. Devadass, J.—In the Writ Court, the appellant prayed for issuance of Certiorari, to call for the records in the order dated 7.3.2011 of the respondent, whereunder his request for altering his date of birth in his service records was rejected and quash the same, however, it was not accepted by the Writ Court and that is how this appeal before us. We have heard the learned counsel for the appellant. Perused the records of the case and the impugned order of the Writ Court.
On 18.12.1979, the appellant joined BHEL, Trichy, as a Clerk. Based on entry in his S.S.L.C. Book, he declared his date of birth as 05.06.1952. According to him, later he came to know that his actual date of birth is 29.10.1953. Thus, he wanted the respondent to alter his date of birth in his service records.
The respondent declined his request on the ground that Clause 21 of the Standing Orders prescribes a time limit of one year, for consideration of request for alteration of date of birth in the service records on production of satisfactory proof, however, his request was well beyond the time limit and further, in O.S.No. 2057 of 1987, the Additional District Munsif, Trichy, dismissed his suit for a declaration to declare his date of birth as 29.10.1953.
In the circumstances, the appellant has approached the Writ Court. The Writ Court also referring to the said Standing Orders and also the decision of the Munsif, dismissed the Writ Petition.
Civil Court is competent to adjudicate and declare one''s date of birth. In this regard, its finding is binding on the employer subject to the Service Rules, Bye-laws and Govt. Orders applicable to the employee. However, in this case, the Civil Court''s decision is against the appellant. That apart already there is in-built time limit in the Standing Orders of the respondent, which is applicable to the appellant. In the circumstances, the Writ Court has rightly denied him, the relief sought for. There is no ground to interfere with the order of the Writ Court. In the result, the Writ Appeal is dismissed. No costs.