The need for conclusive evidence for correction of date of birth in service records and the unsustainable nature of objections raised at the fag end of service.

JUDGMENT :

Heard learned counsel for the parties through V.C.

2. The instant writ application has been preferred by the petitioner praying therein for quashing the letter No.2176 dated 27.07.2009 passed by the respondent No.4; whereby it has been held that the date of birth of the petitioner has been ascertained by the Joint Secretary, Bihar State Electricity Board vide letter No.1702 dated 22.12.1997 as 30.06.1944.

3. Mr. Anil Kumar Sinha, learned counsel for the petitioner submits that that the petitioner had earlier moved before this Court in W.P.(S) No.3032 of 2004 praying for quashing the letter dated 16.02.2004, issued by Personnel Officer of the Board, asking the petitioner to submit his papers regarding retirement benefit as he is going to retire with effect from 30.06.2004.

Learned counsel further submits that though vide order dated 08.04.2009 passed in the earlier writ application; the impugned letter dated 16.02.2004 was not quashed; however, the respondents were directed to take a decision with regard to claim as indicated in the prayer of the writ application. Pursuant thereto, the impugned order (Annexure-11) has been passed whereby the claim of the petitioner has been rejected.

4. Learned counsel further draws attention of this Court towards Annexure-1, which is said to be a duplicate service book. He further submits that since the original service book was mutilated as such duplicate service book was created in the year 1993 and in his service book the School Leaving Certificate was made part and parcel of the service book. He further draws attention of this Court towards the standing order of Board wherein at Clause-IV (d) it is stipulated that in case of any dispute with regard to date of birth; the Matriculation Certificate or School Leaving certificate or Horoscope shall be deemed to be the satisfactory proof of the age of the workman.

Relying upon the aforesaid standing order he submits that since the School Leaving Certificate was part of the service book; as such his claim regarding date of birth as 05.01.1948 is justified.

5. At this stage, it is pertinent to mention here that the alleged duplicate service book is only signed till 1993 though admittedly; the petitioner retired in the year 2004. Learned counsel could not answer as to why the service book is only singed till 1993 and why the entire service book has been signed by single person.

On specific query by this Court that when he first represented before the Board with regard to dispute of date of birth, learned counsel submits that the moment petitioner received the letter dated 16.02.2004 from the Board to submit the required documents for retiral benefit; he filed the earlier writ application. As such, the ground indicated in the impugned order is nonest in the eye of law and it cannot be said that the petitioner has raised objection at the fag end of service because as per him fag end of service will be in 2008 and not 2004.

6. Mr. O.P. Tiwari, learned counsel for the respondent-Board opposes the prayer of the petitioner and submits that when it came to the notice of the Board sometime in the year 1990 that the service book of the petitioner is missing; then the matter was brought to the knowledge of the Apex Board and a direction was sought to determine the date of birth of this petitioner along with several other employees facing similar problem.

Thereafter, the Apex Board passed an order with regard to this petitioner and other co-employees and communicated the same to the Joint Secretary of the Board vide letter No.1702 dated 22.12.1997. As per the said order the date of birth of the petitioner has been determined as 30.06.1944 which was based upon the civil list published by Board in the year 1970.

In the said order it was also stipulated that if the petitioner has passed his matriculation examination before joining the service of the Board, then the date of birth recorded in the matriculation certificate will be considered as his actual date of b