The Apex Court while listening to a case of an employee who had requested for a change of date of birth held that the application of change of date of birth can only be made with regard to the applicable provisions. It cannot be claimed as a right and can be rejected on the ground of delay and latches.
In the present case, an employee of Karnataka Rural Infrastructure Development Ltd. had requested for change of his date of birth. He further filed a suit of declaration stating his date of birth. The suit was dismissed by the Trial Court but the High Court allowed the appeal and decreed the suit.
The Corporation argued before the Apex Court that no such alterations can be made unless the application was made within 3 years of acceptance of record in the service register. In the present case, the employee made the application after the 24 years since the joining of service.
The bench headed by Justices MR Shah and AS Bopanna observed that the employee was not entitled to decree of declaration.