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IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. Pathak, J.
Gangadhar Prasad Das - Petitioner
Versus
Bharat Coking Coal Ltd., represented through its Chairman-cum-Managing Director and ors. – Respondents
W.P.(S). No. 3884 of 2023
Decided On : 17-10-2023
Date of Birth Correction - Service Record - [Section 1, Section 2, Section 3, Section 4, Section 5, Section 6, Section 7, Section 8, Section 9] - The court dismissed the petition for correction of date of birth in the service record based on the petitioner's matriculation certificate, citing the petitioner's acceptance of the date of birth throughout the service career, statutory forms signed by the petitioner confirming the date of birth, and established legal principles that applications for correction of date of birth at the fag end of service career are not sustainable.
Fact of the Case:
The petitioner sought correction of his date of birth in the service record based on his matriculation certificate, which differed from the date recorded in the service record. The respondent argued that the petitioner had accepted the date of birth throughout his service career and raised the issue only at the fag end of service.
Finding of the Court:
The court found that the petitioner's acceptance of the date of birth throughout the service career and the statutory forms signed by the petitioner confirming the date of birth were crucial. The court also cited established legal principles that applications for correction of date of birth at the fag end of service career are not sustainable.
Issues: Acceptance of date of birth throughout service career, statutory forms confirming date of birth, and the sustainability of applications for correction of date of birth at the fag end of service career.
Ratio Decidendi: The petitioner's acceptance of the date of birth throughout the service career and the statutory forms signed by the petitioner confirming the date of birth were crucial in the court's decision. The court also relied on established legal principles that applications for correction of date of birth at the fag end of service career are not sustainable.
Final Decision: The court dismissed the petition for correction of date of birth in the service record, citing the petitioner's acceptance of the date of birth throughout the service career, statutory forms signed by the petitioner confirming the date of birth, and established legal principles that applications for correction of date of birth at the fag end of service career are not sustainable.
JUDGMENT :
Heard the parties.
2. Petitioner has approached this Court with a prayer for direction upon the respondents to correct the date of birth of petitioner in the service record as 03.05.1967 instead of 08.12.1963 and accordingly, allow the petitioner to retire as per the corrected date of birth i.e. 03.05.1967.
Further prayer has been made for quashing the office order dated 07.01.2023, whereby an advance notice regarding retirement of petitioner has been issued erroneously considering his date of birth as 08.12.1963.
3. As per the facts of case, petitioner joined the post of Miner Loader in BCCL on 19.12.1986. It is the case of the petitioner that at the time of joining, in the Form ‘B’ Register which has been maintained by the respondents, the date of birth of petitioner was wrongly mentioned as 08.12.1963 in place of his actual date of birth as 03.05.1967, which was questioned by the petitioner but that time he was verbally assured by the officials of the respondent-BCCL that the same will be rectified once his services get confirmed. It is the specific case of the petitioner that he has passed Matriculation in the year 1983 from Bihar School Examination Board (for short “BSEB”) which is much prior to the date of his joining the services of respondent-BCCL and in his matriculation certificate issued by BSEB his date of birth is mentioned as 03.05.1967. Further, in Aadhar Card, Voter ID Card and other documents his date of birth is mentioned as 03.05.1967. After confirmation of the services, when the respondents have not corrected the date of birth of petitioner inspite of their verbal assurance, the petitioner made representation dated 03.06.1989 to respondent No. 6 which was duly acknowledged by the said respondents and again assurance was given that the date of birth of petitioner will be corrected soon. Thereafter, though petitioner was discharging his duties but the respondents have not corrected his date of birth in his service records.
4. It is the further case of the petitioner that thereafter, he made several representation in between 2007 to 2021 but no action has been taken on the same. It is further averred that one similarly situated employee namely, Ramanuj Singh posted as Driver in Tetulmari Colliery was having same problems of incorrect date of birth in the service record of the BCCL and it was corrected vide letter dated 30.04.2013 but the petitioner’s date of birth was not corrected by the BCCL. It is the further case of the petitioner that the respondent-BCCL vide letter dated 19.07.2017 show-caused the petitioner with respect to his prayer for correction in the date of birth to which the petitioner duly replied vide letter dated 05.08.2017. Thereafter, the petitioner was assured by their Superior Authorities that his date of birth will be corrected at the earliest.
5. Though the petitioner was waiting for the reply of the respondent, to his utter surprise, he received a letter dated 07.01.2023, whereby he has been informed that he will be superannuated from services w.e.f. 31.12.2023. Upon receipt of the said notice, the petitioner rushed to the office of the Director, BCCL representing vide letter dated 10.04.2023, whereby he has narrated entire fact and further requested to correct his date of birth in the service record as per his matriculation certificate but till date no action has been taken by the respondents.
Hence, he has been constrained to knock the door of this Court.
6. Learned counsel for the petitioner submits that the petitioner is entitled to get his date of birth corrected by the respondents on the basis of Matriculation Certificate issued by Bihar School Examination Board but the respondents have not shown any consideration to the same and neither to the repeated requests and representations submitted by the petitioner. Learned counsel further submits that though the petitioner has approached the competent authority well within time but the same was kept in abeyance due to lethargic appr
Applications for correction of date of birth at the fag end of service career are not sustainable.
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.
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 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 request for change of date of birth in official records at the fag end of service cannot be entertained, and judicial precedents support the denial of such requests.
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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