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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
PRANJAL DAS
Sh. C. Lianhluna, S/o Lalzama (L) – Appellant
Versus
Secretary To The Govt. Of Mizoram – Respondent
| Table of Content |
|---|
| 1. petitioner's date of birth dispute background. (Para 2 , 4 , 10) |
| 2. arguments on legal rectification procedures. (Para 3 , 11 , 17 , 25) |
| 3. petitioner’s proof and administrative process. (Para 6 , 8 , 12 , 14) |
| 4. issues surrounding compliance with service rules. (Para 18 , 19 , 20) |
| 5. judicial principles regarding administrative justice. (Para 33 , 35 , 36) |
| 6. court's decision to quash erroneous retirement order. (Para 62 , 63 , 64 , 65) |
JUDGMENT :
PRANJAL DAS, J.
1. Heard Mr. B. Lalramenga, learned counsel for the petitioner. Also heard Mrs. Vanneihsiami, learned Government Advocate for respondent No. 1 and Mr. C. Lalfakzuala, learned counsel for respondent Nos. 2 to 4.
2. The instant writ petition has been filed by the petitioner, namely, Sri C. Lianhluna, aggrieved by order dated 03-11-2025, passed by the Respondent No. 2, being the Chief Executive Officer of Mizoram Co-operative Apex Bank, vide letter No. MCAB/A-67/2025-26/2, whereby the date of birth of the petitioner for the purpose of superannuation was to be taken as 24-02-1966, instead of the date of 24-02-1968 purportedly recorded in the service book.
3. The basic contention of the writ petitioner is that though
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.
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.
The main legal point established in the judgment is that an order cannot be quashed solely on the ground of a violation of the principle of natural justice unless prejudice is caused. Additionally, t....
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 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 correction of date of birth in the service record should not be done on the verge of retirement, and the date of birth recorded in the Matriculation Certificate carries more probative value than ....
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.
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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