Requests for correction of date of birth in service records at the fag end of one's career are typically unsustainable and must adhere to established procedures, respecting the rights of other employees.

JUDGMENT :

(Hon'ble Dr. Justice S.N. Pathak, J.) :

Heard the parties.

2. Petitioner has approached this Court with a prayer for direction upon the respondents to determine the age of the petitioner as per procedure prescribed under the certified standing order of the respondent-BCCL as well as I.I. No. 76 of NCWA applicable in relation to the petitioner and record the same in the service records of the petitioner on the basis of certificates submitted by the petitioner.

3. As per the facts of case, initially, petitioner was appointed under Katras Choitodih Colliery of M/s. BCCL as Miner/ Loader vide letter of appointment dated 03.06.2010 and since then she was working on the said post. While working on the said post, the petitioner had submitted application dated 27.10.2016 and 13.12.2016, requesting therein to make correction in the date of birth recorded in the service excerpts of the petitioner but in spite of his several requests, the date of birth has not been corrected and hence, she has knocked the door of this Court.

4. Learned counsel for the petitioner submits that the petitioner is entitled to get her date of birth corrected as per the certificate submitted by the petitioner and as such, a direction be given to the respondents to determine the age of the petitioner as per procedure prescribed under the certified standing order of the respondent-BCCL as well as under I.I. No. 76 of NCWA and thereafter make suitable correction in the date of birth of the petitioner.

5. On the other hand, learned counsel for the respondent-BCCL submits that the petitioner has accepted her date of birth as mentioned in her service excerpts for all along her service career and only at the fag end of service, she is praying for a direction upon the respondents to make correction in the date of birth which is not tenable in the eyes of law. Learned counsel submits that the said issue is no more res integra and in catena of decisions of the Hon’ble Apex Court as well as of this Hon’ble Court, it has been held that applications regarding correction in date of birth cannot be entertained at the fag end of service career. Learned counsel submits that in the facts and circumstances, it is crystal clear that petitioner was not aggrieved by the date of the birth during the entire service period and it was only at the fag end of service, she has raised objection regarding correction of date of birth, which is not permissible in the eyes of law.

6. Be that as it may, having gone through the rival submissions of learned counsel for the parties, this Court is of the considered view that no case is made out for interference in the instant writ petition for the following facts and reasons:

(I) Admittedly, after appointment Petitioner accepted the date of birth mentioned in her service excerpts all along her service career and it was only in the year 2016 i.e at the fag end of service career, she made an application for correction in the date of birth based on the entry made in her educational certificate.

(II) Nothing has been brought on record to show that at the time of appointment of the petitioner what was her date of birth and petitioner has also failed to bring on record the letter of appointment showing the date of birth as she was very much aware that in the letter of appointment, the correct date of birth was mentioned.

(III) The Hon’ble Apex Court as well as this Court in catena of decisions has held that request for change of date of birth in service records at the fag end of service career is not sustainable.

In case of Secretary and Commissioner, Home Department & Ors. Vs. R. Kirubakaran, reported in 1994 Suppl. (1) SCC 155, the Hon’ble Apex Court has held as under:

“7. An application fo