ORDER :

1. The present writ petition has been filed for quashing and setting aside the seniority list published online by the office of the BCCL to the extent that the date of retirement of the petitioner has been shown as 30.06.2023. Further prayer has been made for issuance of direction upon the respondent authorities to correct the date of birth of the petitioner in his service records as provided in the matriculation certificate which is 17.08.1967 in place of 01.07.1963.

2. Learned counsel for the petitioner submits that the petitioner was appointed on the post of ‘Piece Rated UG/Miner Loader’ vide appointment letter dated 18/22.11.1982 on compassionate ground upon death of his father in harness and accordingly, he joined the said post on 07.12.1982. Thereafter, he was transferred to Moonidih Washery Project of the BCCL vide office order dated 18.08.1983. The petitioner was promoted to the posts of Clerk-III vide office order dated 11.01.1984, Clerk (NF) Special Class vide office order dated 31.10.2009 and Office Superintendent, Grade A vide office order dated 01.11.2016.

3. It is further submitted that the respondent-BCCL published a seniority list on its website in which the date of retirement of the petitioner has been shown as 30.06.2023 mentioning his date of birth as 01.07.1963. Thereafter, the petitioner filed representation dated 25.07.2022 before the respondent no. 4 – the General Manager, Western Jharia Area, Moonidih, Bharat Coking Coal Ltd., Dhanbad for correcting his date of birth in the service record, however, the same has not yet been corrected. Though the petitioner had submitted his educational certificates before the respondent authorities wherein the date of birth of the petitioner was clearly mentioned as 17.08.1967, however, he is being forced to retire on 30.06.2023 treating his date of birth as 01.07.1963.

4. On the contrary, learned counsel for the respondents submits that no educational certificate was produced by the petitioner while entering in service and as such his age was assessed in terms with Clause-A(iv) of the Implementation Instruction No. 76 (Procedure for determination/verification of age of employees) of NCWA-III meant for determination of age at the time of appointment with respect to illiterate candidates and accordingly, his date of birth was assessed on 07.12.1982 (i.e., the date of joining) as 07.06.1963.

5. It is further submitted that the petitioner appeared in matriculation examination after entering in service and as per NCWA-III, the post acquired qualification of the petitioner as well as his certificates obtained after employment showing his date of birth as 17.08.1967 cannot be entertained.

6. It is also submitted that the petitioner himself has signed his PS-3 and PS-4 Forms in which his date of birth has been mentioned as 01.07.1963. In the statutory Form-B wherein the petitioner’s age has been mentioned as 07.06.1963, he has put his signature without any objection. Moreover, in the Health Card Register also, the date of birth of the petitioner is entered as 07.06.1963. It is well settled principle of law that the date of birth of an employee cannot be changed in the service record at the fag end of service.

7. Heard the learned counsel for the parties and perused the materials available on record. The petitioner claims for correction of his date of birth in the service record including the one mentioned the seniority list contending that his date of birth has wrongly been recorded as 01.07.1963 in the said seniority list and as 07.06.1963 in the Form B instead of 17.08.1967.

8. The thrust of argument of learned counsel for the petitioner is that in the educational certificate of the petitioner, his date of birth is clearly mentioned as 17.08.1967, however, the same has wrongly been recorded in the service record. Learned counsel for the petitioner has invited the attention of this Court to the discrepancy in the statutory Form-B contending that on the one hand, the age of t