Gujarat HC Dismisses Plea for Late-Stage Date of Birth Change, Upholds Service Rules

The Gujarat High Court has dismissed an appeal filed by a retired sanitary employee seeking a change in his date of birth towards the end of his service career, upholding the five-year deadline prescribed under the state service rules.

A division bench upheld an earlier single-judge order rejecting the employee's plea, observing that a request to alter the date of birth in service records cannot be entertained after the prescribed time limit, particularly when raised close to retirement.

Employee Made 23 Representations To Change Date Of Birth

The appellant was appointed as a Sanitary Sub-Inspector in June 1999. At the time of his appointment, he submitted a school leaving certificate recording his date of birth as June 7, 1967.

However, in 2004, he obtained a fresh birth certificate showing his date of birth as April 7, 1968. He subsequently made repeated representations to the authorities seeking correction of his service records.

According to the case details, he submitted 23 representations and reminders over the years. The Rajkot Municipal Corporation ultimately rejected his request through a communication dated May 5, 2022.

The civic body cited the Gujarat Civil Services Rules, which require an employee to apply for a date-of-birth correction within five years of joining service.

Gujarat HC Relies On Five-Year Deadline Under Service Rules

The High Court noted that Rule 40 of the Gujarat Civil Services (General Conditions of Service) Rules, 2002, requires applications seeking alteration of a date of birth to be submitted within five years of entering service.

The bench also referred to judicial precedents and observed that a change in date of birth cannot be claimed as a matter of right. Such requests, when made after considerable delay and close to superannuation, are barred by the principles of delay and laches.

Employee Had Already Retired In June 2026

The court further noted that the appellant had already attained the age of superannuation and retired from service on June 30, 2026.

Finding no infirmity in the Rajkot Municipal Corporation's decision to reject his request, the division bench upheld the earlier single-judge order and dismissed the Letters Patent Appeal.