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october 1970

Supreme Court of India · 1970-10-23

STATE OF ASSAM & ANR. vs DAKSHA PRASAD DEKA & ORS.

Citation / case number
SC 1966/60482
Court
Supreme Court of India
Petitioner
STATE OF ASSAM & ANR.
Respondent
DAKSHA PRASAD DEKA & ORS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under S.R. 8 Note, an application for correction of date of birth in a public servant's service record cannot be entertained if made within three years of actual superannuation, as defined by the service record. The Court clarified that the respondent's claim for a different date of birth was not valid since he had already been informed of his superannuation based on the existing record. The High Court's order to quash the superannuation notice was upheld, allowing the respondent an opportunity to contest the date of birth entry in his service record under Article 311(2) of the Constitution.

STATE OF ASSAM & ANR. vs DAKSHA PRASAD DEKA & ORS. · Niyam