Aadhaar, voter ID not conclusive proof of date of birth: Madhya Pradesh High Court quashes retired worker’s reinstatement

Findings

• The law is well settled that an employee who accepts the date of birth recorded in service records and allows it to attain finality cannot be permitted to challenge the same after retirement.
• The Appellate Authority completely ignored the doctrine of delay and laches, which is fatal in service jurisprudence.
• Once a person retires from service, the relationship of employer and employee comes to an end and reopening settled issues after retirement causes administrative uncertainty and injustice to third parties, as has happened in the present case.
• Aadhaar card and voter identity card cannot be treated as determinative proof of her date of birth.
• Petitioner’s appointment was not ad-hoc or temporary in nature but was made in accordance with the prescribed guidelines.
• Consequently, the petitioner acquired a valuable civil right to continue on the post, subject to law.

Background

• The plea was filed by one Pramila, who was appointed as Anganwadi Sahayika at the Jamli centre in Dhar district following a regular selection process.
• Her appointment came after the previous incumbent, Hirlibai, was superannuated.
• Nearly two years after retirement, Hirlibai approached the Additional Collector, Dhar, claiming that her date of birth had been wrongly recorded.
• Relying on the entries made in her Aadhaar card and voter ID card, the appellate authority allowed her appeal in September 2020 and ordered her reinstatement.
• Acting on this order, the authorities reinstated Hirlibai and removed Pramila from service.

Directions

The court directed to reinstate the petitioner Pramila on the post of Anganwadi Sahayika, Anganwadi Centre Jamli (Ambapura) and the benefit with continuity of service and all consequential benefits, including notional seniority and monetary benefits.