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RAJESH SHANKAR
Ram Swarup Ram – Appellant
Versus
Bharat Coking Coal Limited through the Chairman-cum-Managing Director – Respondent
| Table of Content |
|---|
| 1. petitioner seeks correction of date of birth. (Para 1) |
| 2. matriculation certificate as basis for age correction. (Para 2 , 3) |
| 3. respondents argue against correction due to procedure. (Para 4 , 5) |
| 4. respondent contests the claim citing lack of documentation. (Para 6) |
| 5. arguments of both parties regarding submitted evidence. (Para 7 , 8) |
| 6. delay in applying for correction is a significant issue. (Para 9 , 10) |
| 7. guidance from previous supreme court cases. (Para 11) |
| 8. summary of legal precedents on date of birth corrections. (Para 12) |
| 9. court finds no grounds for petition. (Para 13) |
| 10. writ petition is dismissed. (Para 14) |
ORDER :
HON'BLE MR. JUSTICE RAJESH SHANKAR
The present writ petition has been filed for issuance of direction upon the respondents to correct the date of birth of the petitioner in the service record as ‘05.09.1967’ in place of ‘13.05.1965’.
2. Learned counsel for the petitioner submits that the petitioner had passed the matriculation examination in the year 1983 and in the matriculation certificate issued by the Bihar School Examination Board, Patna, his date of birth was recorded as ‘05.09.1967’. Subsequently, the petitioner joined the service as Mine
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 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.
The court ruled that corrections to an employee's recorded date of birth must be made promptly and substantiated by irrefutable evidence, especially when requested at the 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....
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 central legal point established in the judgment is the application and interpretation of II No.76 in reviewing and determining the date of birth for existing employees, and the onus on the petiti....
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