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RAJESH SHANKAR
Ram Swarup Ram – Appellant
Versus
Bharat Coking Coal Limited through the Chairman-cum-Managing Director – Respondent
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 Miner/Loader on 22.01.1987 at Khas Kusunda Colliery under the respondent-BCCL. In the year 1987 itself, a service excerpt was issued from the service record of the petitioner wherein his date of birth was mentioned as 05.09.1967 and he was under the impression that his date of birth was rightly recorded as per his matriculation certificate. However, recently the petitioner came to know from the “Date of Birth Cell” that his date of birth has been mentioned as 13.05.1965 whereas in the service excerpts, Form-B and Colliery Identity Card, his date of birth has been mentioned as 05.09.1967. The petitioner filed representations dated 20.08.2016
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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