Change of name in service record post-retirement - Part of fundamental Rights

Punjab and Haryana High Court Upholds Right to Change Name Post-Retirement. Court Directs PSPCL to Update Service and Pension Records for Rajwinder Kaur Within One Month

In a significant judgment, the Punjab and Haryana High Court reaffirmed the right to change one's name post-retirement as part of the fundamental rights guaranteed under the Indian Constitution. Justice Harpreet Singh Brar presided over the case of Rajwinder Kaur versus Punjab State Power Corporation Ltd. (PSPCL), directing the respondents to update the service and pension records of the petitioner, Rajwinder Kaur, formerly known as Soma Devi.

The petitioner, represented by Senior Advocate Mandeep Singh Sachdev and Advocate Rahul Sharma, had sought a writ of mandamus under Articles 226/227 of the Constitution. The petition aimed to compel the PSPCL to honor her request to change her name in official records, citing the completion of all necessary legal formalities including affidavit submission, updated voter ID and passport, and a declaration published in the official gazette.

Justice Brar, in his oral judgment dated November 14, 2025, emphasized that the right to change one's name and identity is intrinsically linked to the right to life with dignity and freedom of expression, enshrined in Articles 14, 19(1)(a), and 21 of the Constitution of India. The court noted that despite the petitioner following due process, the respondents had raised baseless objections, such as requiring changes to her PAN card and questioning the necessity of the change post-retirement.

The court highlighted that other similarly situated employees were allowed to change their names without any issues, underscoring the discriminatory nature of the objections raised against the petitioner. The judgment reflects the court's commitment to upholding individual rights and preventing unnecessary bureaucratic hurdles that infringe upon personal freedoms.

The PSPCL, represented by Advocate Arpandeep Narula, could not provide any substantial statutory grounds for denying the request, as no procedure was prescribed for changing the name of a retired employee. Consequently, the court dismissed the objections and mandated the correction of records within a stipulated period of one month from the receipt of the certified copy of the order.

Furthermore, the court clarified that any deviation from its directions would allow the petitioner to seek contempt proceedings under Article 215 of the Constitution, ensuring compliance with the judgment.

This ruling sets a precedent for similar cases, reinforcing the principle that administrative processes must align with constitutional rights and individual dignity.

Bottom Line:

Change of name in service record post-retirement - Right to change one's name and identity is a facet of the right to life with dignity and freedom of expression, as enshrined in Articles 14, 19(1)(a) & 21 of the Constitution of India - Respondents directed to make necessary corrections in service records including pension records within a specified period.

Statutory provision(s): Articles 14, 19(1)(a), 21, 226/227, 215 of the Constitution of India

Rajwinder Kaur v. Punjab State Power Corporation Ltd., (Punjab And Haryana) : Law Finder Doc Id # 2809111