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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
Prafulla S.Khubalkar
Prakash Narayanrao Thakare – Appellant
Versus
Sonaji Maharaj Education Society, Sonala – Respondent
| Table of Content |
|---|
| 1. petitioner's date of birth dispute basis. (Para 2 , 3) |
| 2. arguments supporting petitioner's claim. (Para 4 , 5 , 6) |
| 3. court's analysis of factual background. (Para 8 , 9 , 10) |
| 4. unilateral changes breach natural justice. (Para 12 , 14) |
| 5. pension entitlement without fraud proof. (Para 18 , 20) |
| 6. final order granting petitioner's benefits. (Para 21 , 22) |
JUDGMENT :
Prafulla S. Khubalkar, J.
RULE. Rule is made returnable forthwith and heard finally with consent of the counsel for the parties.
2. Impugned in the petition is the judgment and order dated 03.11.2020 passed by the School Tribunal, Amravati (for short, ‘the Tribunal’) in Appeal No.20 of 2018 by which the appeal filed by the petitioner came to be dismissed by holding that his date of birth would be considered as 15.09.1960 for the purpose of determining his pensionary benefits by discarding his date of birth as 01.10.1962 which was although recorded in his service book.
3. The facts giving rise to the instant petition are succinctly put below:-
(i) The petitioner was appointed as an assistant teacher on 17.03.1989 and at the time of his entry in the Service, his date of birth was recorded as 01.10.1962 on the bas
A unilateral change in an employee's recorded date of birth, impacting pension benefits, violates natural justice principles, requiring notice and an opportunity to be heard.
Alteration of an employee's date of birth must comply with natural justice principles; failure to provide an opportunity to contest changes leads to void actions.
The date of birth recorded in the H.S.L.C.E. Certificate is authoritative for retirement purposes, and recovery of excess salary for overstaying must consider shared negligence.
The court ruled that corrections to an employee's recorded date of birth must be made promptly and substantiated by irrefutable evidence, especially when requested at the end of service.
The court held that the date of birth in a matriculation certificate is authoritative over an affidavit, and manipulative actions for personal gain constitute fraud.
Requests for correction of date of birth in service records made at the end of service are not sustainable unless made within prescribed time limits and with clear evidence of error.
Employment rights include the correction of clerical errors impacting service continuity, with adherence to principles of natural justice necessary when determining an employee's age.
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