Wednesday, May 26, 2021

DATE OF BIRTH AND ITS SUBSEQUENT ALTERATION & CHANGE OF NAME

1.  Proof of Date of Birth at the time of initial appointment.—

Every person newly appointed to a service or a post under Government shall, at the time of the appointment, declare the date of birth by the Christian era with confirmatory documentary evidence such as:

(i) Matriculation certificate, where prescribed qualification for appointment is Matriculation or above.

(ii) Municipal Birth Certificate or Certificate from the recognized school last attended in other cases.

[ GFR 256.)

NOTE.-- Since the basic proof is School certificate, other alternatives will not be accepted if the School certificate is available. In other words, even if the official is able to produce authentic record like extract from birth register from the Municipal Authorities which happens to differ from the date of birth as entered in the School certificate, such proof will not be accepted. The official should have the date of birth as entered in the School certificate altered by the Educational Authorities concerned with reference to the municipal records. 

If the Educational Authorities refuse to alter the date of birth entered in the School certificate, the next remedy is to approach the Court of Law with sufficient proof, for issue of appropriate direction to the Educational Authorities.

2.   Alteration of Date of Birth subsequently.—

Once the date of birth has been declared by the candidate, accepted by the department and entered in the Service Records, it is not subject to alteration except under the orders of the Head of Department.

Under Note 6 to FR 56, a Government servant may request the Head of Department in writing within five years of his entry into Government service, for a change in the date of birth as recorded in his Service Book,

(i)           if it is clearly established that a genuine bona fide mistake has occurred. and

(ii)          the date of birth so altered would not make him ineligible to appear in any School or University or UPSC examination in which he had appeared, or for entry into Government service on the date on which he first appeared at such examination or on the date of his initial appointment to Government service.

3.   Belated claims for alteration in Date of Birth to be rejected.

The Government policy regarding rejection of belated claim for alteration in date of birth has been reinforced by the observations made by the Supreme Court in the judgment in Civil Appeal No. 502 of 1993 (Union of India V. Harnam Singh). This position has to be kept in view while considering any request from a Government servant for alteration in his date of birth. In other words, it will not be appropriate to consider any request for alteration in date of birth if the conditions stipulated in Note 6 below FR 56 are not strictly fulfilled.

[ Dept. of Per. & Trg., O.M. No. F. 19017/2/92-Estt. (A), dated the 19th May, 1993. ]

II. CHANGE OF NAME

1. Procedure for change of name.- The name of a Government servant is entered in the first page of the Service Book with reference to the name entered in the School Certificate produced by him at the time of appointment. If he desires to adopt a new name or to effect modification in his existing name, the following procedure should be followed:

(1) A Deed in the form given below should be executed.

DEED CHANGING NAME/SURNAME 

BY THIS DEED I, the undersigned........... (new name) now lately called ...former name) employed as ............. ........... Designation of the post held at the time by the Government servant) at ....... (place where employed in the Ministry/Department of the Government of India) do hereby

1. Wholly, renounce, relinquish and abandon the use of my former name of ........................... and in place thereof do assume from the date thereof the name of ......................... and so that I may hereafter be called, known and distinguished not by my former name of ... but by my assumed name of ...,

2. For the purpose of evidencing such my determination declare that I shall at all times hereafter in all records, deeds and writings and in all proceedings, dealings and transactions, private as well as public and upon all occasions whatsoever use and sign the name of ..................... as my name in place of and in substitution for my former name of .........

3. Expressly authorize and request all persons at all times hereafter to designate and address me by such assumed name of .......... accordingly.

IN WITNESS WHEREOF I have hereunto subscribed my former and adopted names of

....................... and... .......................... and affixed my seal this ................ day of ................

Signed and delivered by the above named ......... formerly .. in the presence of:

Witnesses :     (1)

(2)

(2) After execution of the Deed, the Government servant should have the change of name published in a prominent local newspaper as well as in the Gazette of India at his own expense.

(3) After completing the above formalities, he should submit an application to the department enclosing copies of the Deed, notification in the newspaper and in the Gazette.

The name of the official will then be changed in all the Service Records by the office.

2.Change in the name of female employee on account of marriage, etc.—

The above formalities are not required to be followed in the case of a female employee who applies for a change in her name in the following circumstances:

(i)           Addition/change in surname only on account of marriage/remarriage.

(ii)          Deletion of surname or reversion to maiden name on divorce/ separation or death of the husband.

In such cases, the female employee should submit an application requesting for the change in the name with details, e.g., name of the husband, particulars of divorce/separation, etc. On receipt of the application with the required details, the department will effect the change in all the Service Records.

While the Head of Office maintaining the Service Records of the officials concerned will have the change effected in all such cases, intimation should be sent to the concerned authorities who maintain Seniority Lists, etc., for such employees, for similar changes.

[G.I., Dept. of Per. & Trg., O.M. No. 19016/1/87-Estt. (A), dated the 12th March, 1987.]

3 comments:

  1. Thank you sir for sparing your precious time for us

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