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RAJESH SHANKAR
Anand Ravidas – Appellant
Versus
Bharat Coking Coal Limited, through its Chairman-cum-Managing Director – Respondent
JUDGMENT :
1. The present writ petition has been filed for issuance of direction upon the respondents to correct the date of birth of the petitioner as ‘06.04.1969’ in place of ‘24.07.1963’ in his service records including Form-B, service excerpts, CMPF records etc.
2. Learned counsel for the petitioner submits that pursuant to the judgment dated 18.11.2009 passed by the Hon’ble Supreme Court in Civil Appeal No. 3962 of 2006, 25 persons including the petitioner were appointed as General Mazdoor Category-1 vide office order dated 23/25.03.2011 issued by the respondent No.3 wherein the petitioner’s age was recorded as 47 years 6 months as on 24.01.2011 on the basis of assessment made by the Apex Medical Board, Koyla Nagar Hospital, Dhanbad. At the time of appointment, the petitioner had submitted documentary proof i.e. Admit Card issued by the Bihar School Examination Board (BSEB) for appearing in Annual Secondary School Examination, 1986 wherein his date of birth was shown as 06.04.1969. However, the respondents wrongly recorded the petitioner’s date of birth as 24.07.1963 in his service book on the basis of his age assessed by the said Medical Board which is contrary to Implementat
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.
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