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N. UNNI KRISHNAN NAIR
Md. Ziaur Rahman @ Jiaur Rahman Choudhury S/o Mafizuddin Choudhury – Appellant
Versus
Guwahati Municipal Corporation – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. G. Rahul, learned counsel for the petitioner. Also heard Mr. S. Bora, learned Standing Counsel for the Guwahati Municipal Corporation appearing for the respondents.
2. The petitioner in the present proceeding has assailed an order dated 09.12.2015, passed by the Commissioner, Guwahati Municipal Corporation, rejecting his prayer for correction of his date of birth as recorded in his service book.
3. The facts requisite for adjudication of the issues arising in the present proceeding is noticed as under.
4. As projected in the writ petition, the petitioner, in the year 1985 was enrolled as a Daily Wage Labour under the Guwahati Municipal Corporation, Guwahati. Thereafter, vide order dated 04.10.1986, the petitioner, on completion of one year of continuous service, was permanently engaged as a Casual Labour on daily rated basis. The authorities of the Guwahati Municipal Corporation vide order dated 26.06.1992, proceeded to regularize the services of the petitioner and other similarly situated person as “Majdoor” on completion of 05(five) years of continuous service. The petitioner was thereafter, vide order dated 04.03.2009, granted Supervi
The court upheld that recorded dates of birth in service books cannot be altered at the end of an employee's service, emphasizing adherence to procedural timelines.
The main legal point established in the judgment is that requests for correction of date of birth at the fag end of a career must be supported by irrefutable proof and evidence of real injustice, and....
Applications for correction of date of birth in service records can be rejected on grounds of delay and lack of irrefutable proof, especially when made at the fag-end of service.
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.
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