The main legal point established in the judgment is that applications for correction of date of birth in service records must be reasonable and timely. The delay in seeking correction, absence of irrefutable proof, and challenge at the fag end of the service career can be fatal to the petitioner's case.

ORDER :

1. The petitioner has assailed the order dated 23.02.2018 by which his representation for correction in date of birth from 28.02.1958 to 01.07.1959 has been rejected and also prayed that he be continued in service with all consequential benefits treating his date of birth as 01.07.1959.

2. The brief facts as reflected from the records are that the petitioner was appointed as unskilled casual mazdoor on 28/02/1976 with the respondent SECL and his date of birth was recorded as 01/07/1959. The petitioner has also passed the Mining Sardar examination under the Mines Act, 1952 and awarded the Mining Sardar Certificate on 06/05/1987. Thereafter, he has also obtained the Overman's certificate on 24/09/1989 wherein also the date of birth of the petitioner was recorded as 01/07/1959. The record of the case would show that the petitioner has cleared High School Examination, Madhyamic Siksha Parishad, Uttarpradesh on 28/09/1975 which is prior to joining of the service wherein the date of birth of the petitioner has been mentioned as 01/07/1959.

3. Apart from these records, in the service register namely Form PS-3 and Form PS-4 (Annexure P/7) relating to the particulars of family and nomination form maintained by the respondent authorities the date of birth of the petitioner is recorded as 01/07/1959, even in Electoral Roll, PAN Card etc. the date of birth of the petitioner as correctly recorded as 01/07/1959. However, the respondent No.4 on the recommendation of the age determination committee had suo moto corrected the date of birth of the petitioner to 28/02/1958 vide order dated 12/05/2000 considering the required minimum age of 18 years on the date of coming into service. The petitioner made a detailed representation before the authorities for correcting the date of birth but the respondent authorities have not given any heed to the representation and after continuous persuasion and requests ultimately vide the order dated 14/09/2014 it was informed to him that the case of the petitioner for correction of date of birth cannot be reopened and the date of birth of the petitioner will remain as 28/02/1958.

4. The petitioner being aggrieved with this order dated 14/09/2014, preferred writ petition No. 6642/2014 before this Court. This Court allowed the petition vide order dated 23.11.2017 setting aside the impugned order with liberty to the respondents to afford opportunity of hearing to the petitioner, hold enquiry and then take a decision with regard to date of birth of the petitioner. Thereafter, the respondent authorities referred the matter to the age determination committee and vide impugned order dated 23.02.2018 (Annexure P/1), the date of birth of the petitioner has been held to be 28.02.1958 accordingly he is due for retirement on 28.02.2018. Therefore he has filed the present petition assailing the legality and propriety of the order dated 23.02.2018 and also prayed that respondent authorities be kindly directed to allow the petitioner to continue in service with all consequential benefits treating his date of birth as 01/07/1959.

5. The respondent -SECL has filed their return wherein they have submitted that the petitioner was employed as Mazdoor as an illiterate person. He did not reveal his matriculation certificate at the time of appointment. After some years of joining, he managed to get his date of birth recorded in statutory certificates as per matriculation certificate. As per date of the birth as 01/07/1959 his age at the time of joining would be below 17 years which is not permissible as per the provisions of the Mines Act, 1952. They have annexed copy of the CMPF Declaration Form - A (Annexure R/1 dated 28.02.1976) wherein he has mentioned his date of birth as 01/01/1957 and in Form B register (Annexure R/2 dated 27.07.2016 wherein date of birth of the petitioner has been shown as 28/02/1958. It has also been contended that there is contradiction in the date of birth at time of date of joining of service on