The Supreme Court found that extrade of date of delivery withinside the carrier file can’t be claimed as of right, although there’s cogent evidence

by Ricky anand

The bench of Justices MR Shah and AS Bopanna found. In this example, an worker of the Karnataka Rural Infrastructure Development Limited asked for extrade of date of delivery. Thereafter, he filed a fit for announcement that his date of delivery is 24.01.1961. The stated fit turned into disregarded with the aid of using the Trial Court.

The High Court allowed the enchantment and decreed the fit. In enchantment earlier than the Apex Court, the Corporation contended that no such alteration to the date of delivery to the gain of a State servant be made until the worker has made an utility for the motive inside 3 years from the date on which his age and date of delivery is regular and recorded withinside the carrier sign in or ee-e book or another file of carrier or inside 365 days from the date of graduation of the Karnataka State Servants (Determination of Age) Act, 1974 whichever is later. In this example, the company submitted, the worker made the utility for the primary time vide word dated 23.06.2007 i.e. after the lapse of 24 years for the reason that he joined the carrier and almost after the lapse of sixteen years from the date of adoption of enactment (Act, 1974). Referring to in advance judgments on this regard, the courtroom docket found:

(i) utility for extrade of date of delivery can simplest be as consistent with the applicable provisions/guidelines applicable;

(ii) although there’s cogent evidence, the equal can’t be claimed as a depend of right;

(iii) utility may be rejected at the floor of put off and latches additionally extra in particular whilst it’s far made on the fag cease of carrier and/or whilst the worker is ready to retire on accomplishing the age of superannuation.  (Para 10) Thus, in this example, the courtroom docket found that the worker turned into now no longer entitled to the decree of announcement.

The courtroom docket mentioned that the High Court judgment turned into carried out in this example and the worker had retired. So it clarified that this judgment will now no longer have an effect on him.

Legal