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GOUTAM BHADURI
Arjun Lal S/o Shri Charan – Appellant
Versus
South Eastern Coalfields Ltd. , Through Chairman-Cum-Managing Director, South Eastern Coalfields Ltd. , Seepat Road Bilaspur, Chhattisgarh – Respondent
ORDER ON BOARD BY :
Goutam Bhaduri, J.
1. The present writ petition is to quash the order dated 3-1-2014 and the corrigendum dated 10-1-2014 (Annexure-P/1) wherein the date of birth of the petitioner has been considered as 21-1-1954.
2. According to the petitioner, the order dated 3-1-2014 and the corrigendum dated 10-1-2014 (Annexure-P/1) is not in accordance with the Implementation Instruction No.76 (henceforth ‘the II No.76’) wherein the date of birth of the petitioner should have been considered as 21-1-1959, which is as per the matriculation certificate issued by the Board of Secondary Education, Madhya Pradesh, Bhopal (Annexure - P/5).
3.(i) The facts of this case, in brief, are that the petitioner was appointed by the respondent SECL against the post of General Mazdoor in the year 1984 in the Western Coalfields Limited under the provisions of the dependant employment when his father namely; Charan was declared medically unfit. The petitioner contended that in the service record his date of birth was entered as 21-1-1954 instead of 21-1-1959. Pursuant thereto he sought for correction of date of birth in the year 1995 i.e. after a decade from the date of entry of his service. Acco
The main legal principle established is that the matriculation certificate should be considered authentic for determining the date of birth, and courts have a duty to address injurious consequences a....
The central legal point established in the judgment is the application and interpretation of II No.76 in reviewing and determining the date of birth for existing employees, and the onus on the petiti....
Correction of date of birth in service records is not a matter of right and is subject to procedural and timely constraints, particularly if raised at the fag end of service.
The court held that corrections to recorded dates of birth in service records are contingent upon timely applications and irrefutable evidence; delays over two decades are inherently fatal to claims.
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