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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
YARENJUNGLA LONGKUMER
Dipak Sarkar, S/o Late Dijendra Sarkar – Appellant
Versus
Food Corporation Of India – Respondent
| Table of Content |
|---|
| 1. petitioner's appointment details. (Para 2 , 3 , 4) |
| 2. employee challenges premature retirement based on claimed age. (Para 5) |
| 3. arguments regarding premature retirement. (Para 6 , 8 , 11 , 19) |
| 4. court assesses arguments for unfair retirement process. (Para 10) |
| 5. discrepancies in petitioner's age documents. (Para 12 , 14 , 18) |
| 6. disputed age records lead to legal contest. (Para 13 , 15) |
| 7. court's findings on tampering. (Para 21 , 22) |
| 8. court evaluates legitimacy of retirement based on age records. (Para 23 , 24) |
| 9. no right to continued service based on tampered records. (Para 25 , 27) |
| 10. final judgment and order. (Para 28 , 29) |
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
Heard learned counsel, Mr. P. K. Deka for the petitioner, and Mr. Alemwapang Ao, learned standing counsel FCI, along with Ms. Shaophen Phom.
2. The petitioner has challenged Order No. ESTT-14(1)/NMR/2014/1906-09 dated 02.08.2021, whereby he has been deemed to have retired on superannuation w.e.f. 30.07.2021. The petitioner has also prayed for a direction to allow him to discharge his duties as Jamadar in the Office of the Food Corporation of India, Dimapur (FCI for short), till he reaches the age of superann
Tampering with age records to gain employment advantage invalidates claims to continued service; retirement at correct age does not breach natural justice.
The court upheld the validity of the retirement order based on the petitioner's admission of tampering with his date of birth, affirming that no hearing was required under these circumstances.
The original date of birth recorded in a government employee's service book is deemed correct for all purposes, overriding any subsequent alterations.
Date of birth declared at service entry is conclusive unless corrected within two years; belated claims with certificates obtained just before superannuation after nearly 20 years not permissible.
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....
The absence of birth proof at the time of appointment justifies reliance on the age determined by the employer's medical officer, with no entitlement to change it near retirement.
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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