Sardar Singh vs Union of India on 3 November 2026

ORDER

JUSTICE UMESH CHANDRA SHARMA, MEMBER (J)

By means of the OA, filed under Section 14 of the Armed Forces Tribunal Act, 2007, the applicant has prayed for a direction to the respondents to effect the changes/amendment in the service record of the applicant (Ex Hav/Hony Nb. Sub. No.13612283W, Sardar Singh s/o Munshi Ram), qua name of his daughter and her date of birth, i.e. Radha Kumari to Rachna Devi and date of birth 31.07.1991 to 12.12.1991 by publication of Part II Order NE SERIES and issue certificate of ex-serviceman ward in favour of his daughter.

2. Brief facts of the case are that Ex Hav/Hony Nb. Sub. No.13612283W, Sardar Singh s/o Munshi Ram joined 14th Dogra Regiment as Sepoy/GD and was discharged from there on 30.11.2002 after completion of tenure of service under rule 13(3)III(I) after rendering 24 years and 22 days service. On intimation by the applicant, the 14th Dogra Regiment issued declaration certificate dated 19.10.1991 (Annexure A/2) mentioning the name of daughter of the applicant as “RADHA KUMARI”, with date of birth as “31.07.1991”. Accordingly, in the service book/Certificate of

Discharge of the applicant, name of daughter of the applicant stands as “RADHA KUMARI”, with date of birth as “31.07.1991”. Whereas, on intimation by real brother of the applicant to the Gram Panchayat Tappa, Tehsil Nurpur, District Kangra, name of his daughter has been entered as “RACHNA DEVI” with date of birth as “12.12.1991”. Copy of the Birth Certificate issued by the Registrar of Birth at that time dated 11.2.1992 is annexed as Annexure A/1. As such, her name in the academic certificates as well as in Aadhar Card etc. reflects as “RACHNA DEVI” with date of birth as “12.12.1991”. Accordingly, due to difference in academic certificate and army record of her father, she has been deprived of benefits of being the daughter of an Ex-serviceman.

3. The applicant attempted for the correction of name of her daughter as well as her date of birth depicted in his service records vide request dated 11/12.05.2022 (Annexure A/4). However, respondent No. 3 vide letter dated 24.06.2022 (Annexure A/5) as well as vide further communication(s) rejected the same intimating that such correction in the name and date of birth cannot be considered due to Policy constraints. Legal Notice dated 16.10.2024 (Annexure A/11) also remained un-actioned. Hence, the OA.

4. In reply to the OA, learned counsel for the respondents has averred that based on Declaration Certificate submitted by the applicant and authority of Part II Order, name and date of birth of the applicant was recorded as “RADHA KUMARI” with DOB as “31.07.1991” in Kindred Roll portion of Sheet Roll of the applicant. The applicant was discharged from service with effect from 30.11.2002. Later, on expiry of 20 years of transfer to pension establishment, the applicant approached Records The

Dogra Regiment for change of name and date of birth of his daughter through Zila Sainik Welfare Office, Kangra vide letter dated 12.05.2022 (Annexure A-4) for change of name of his daughter from “RADHA KUMARI” to “RACHNA DEVI” and date of birth from “31.07.1991” to “12.12.1991”. Hence, it is not understood as to how the applicant had submitted declaration certificate regarding birth of his daughter on 19.10.1991, which was yet to be born. Accordingly, his petition for change of name and date of birth of his daughter was returned un-actioned vide Records The Dogra Regiment letter dated 24.06.2022 (Annexure A-5).

5. Thereafter, the applicant vide petition dated 02.08.2024 clarified the above observations stating that “actual name of his daughter is “Radha Kumari” and her date of birth is “31.07.1991”, however, at the time of registration in his Panchayat (TAPPA), his real brother has erroneously registered the name and date of birth of his daughter as “Rachna Devi” and “12.12.1991” respectively. Accordingly, she has completed her schooling based on the name registered in his Panchayat and now, she is facing hardship in getting “Ex-servicemen Ward’s quota”. On scrutiny of above clarification, it was found that change of complete name and date of birth will lead to change the identity of his daughter, hence request for change of name and date of birth of his daughter was not entertained vide Records The Dogra Regiment letter dated 04.09.2024 (Annexure A/9). Legal notice served by the applicant through Advocate for the said purpose was suitably replied vide Records The Dogra Regiment letter dated 30.01.2025. Now, the applicant has filed OA No. 284 of 2025 for seeking the said relief.

6. We have heard learned counsel for the parties and perused the record. The documents supplied to the respondents as well as annexed with the OA by the applicant to effect the changes/amendment in the service record of the applicant, are as under:- Sl. No. Date Issuing authority Remarks

1. 31.12.1991 (Birth certificate) (Ann. A-1)

Issued by the Registrar of Birth). Shows the name of applicant’s daughter as “RACHNA DEVI” with date of birth as 12.12.1991.

2. 30.09.2024 Birth Certificate) (Ann. A-10)

Submitted by Additional District Registrar (Birth & Death)-cum-MO, Health Kangra.

Shows the name of applicant’s daughter as “RACHNA DEVI” with date of birth as 12.12.1991

3. March, 2007 Matriculation certificate (Annexure A-

Himachal Pradesh Board of School Education Shows the name of applicant’s daughter as “RACHNA DEVI” with date of birth as 12.12.1991

4. Aadhar Card Annexure A-

Issued by the competent authority.

Shows the name of applicant’s daughter as “RACHNA DEVI” with date of birth as 12.12.1991

5. The Tribune, Newspaper cutting dated 11.5.2022 (Annexure A/14) Pertains to declaration by the applicant Regarding change of name of name and date of birth of the daughter of applicant from “RADHA KUMARI” to “RACHNA DEVI) and 31.7.1991 to 12.12.1991.

6. Hindi Newspaper Denik Sawera Times dated 8.5.2022 (Annexure A/15)

Pertains to declaration by the applicant Regarding change of name of name and date of birth of the daughter of applicant from “RADHA KUMARI” to “RACHNA DEVI) and 31.7.1991 to 12.12.1991.

7. 5.5.2022 (Annexure A/16) Declaration certificate by the applicant witnessed by the Indian Military Pensioners & issued by the Registrar Gram Panchayat Tappa. The applicant has declared name of his daughter as “RACHNA DEVI”.

7. In a similar case (CWP 2097-2021 (O&M), Bachitar singh vs. Union of India and Another, decided on 09.12.2025, Hon’ble Punjab and Haryana High Court issued direction to the respondents to carry out necessary corrections in the petitioner’s service discharge book with respect to the correct name and date of birth of his son.

8. In view of the above judgement in which the facts and circumstance of the case are similar to the present case and as the applicant has already adopted the requisite procedure and provided the necessary documents to the respondents, the OA succeeds.

ORDER

9. Accordingly, the OA succeeds and the respondents are directed to effect the changes/amendment in the service record of the applicant (Ex Hav/Hony Nb. Sub. No.13612283W, Sardar Singh s/o Munshi Ram), qua name of his daughter and her date of birth, i.e. ‘RADHA KUMARI’ to “RACHNA DEVI’ and date of birth ‘31.07.1991’ to ‘12.12.1991’ by publication of Part II Order NE SERIES and issue certificate of ex- serviceman ward in favour of applicant’s daughter within three months from the date of receipt of certified copy of this order by learned Sr PC/OIC, Legal Cell.

10. No order as to costs.

(Air Marshal Manavendra Singh)

(Justice Umesh Chandra Sharma) Member (A)

Member (J) Tuesday the 3rd Nov., 2026 ‘sp’