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RAJESH SHANKAR
Shambhu Das – Appellant
Versus
Bharat Coking Coal Limited through its Chairman-cum-Managing Director – Respondent
JUDGMENT :
The present writ petition has been filed for issuance of direction upon the respondents to make necessary correction in the records of Non-Executive Information System (NEIS) maintained by the respondents, wherein the age of the petitioner has been wrongly entered as 28 years as on 05.09.1990 considering his date of birth as 05.09.1962 in place of his actual date of birth as 31.12.1968 as at the time of joining the service on 06.11.1990, he had already passed ‘Madhyama’ examination held in the year 1989 under ‘Bihar Sanskrit Education Board, Patna’ and the certificate of the said exam shows his date of birth as 31.12.1968.
2. Learned counsel for the petitioner submits that the petitioner got employment in the BCCL at Dhanbad in the year 1990 as underground Miner/Loader at Putki Balihari Area on 06.11.1990. It is evident from the excerpt of service record/details of the petitioner prepared in the year 1993 that his age was wrongly entered as 28 years as on 05.09.1990, whereas his date of birth has been mentioned as 31.12.1968 in his ‘Madhyama’ Certificate. At the time of entering into service, the petitioner wanted to enter his date of birth on the basis of the aforesaid ce
Correction of date of birth in service records is not a matter of right and is subject to procedural and timely constraints, particularly if raised at the fag end of service.
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 held that corrections to recorded dates of birth in service records are contingent upon timely applications and irrefutable evidence; delays over two decades are inherently fatal to claims.
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.
The main legal point established in the judgment is the requirement for irrefutable proof and timely requests for correction of date of birth in service records, as well as the limitations on seeking....
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