Requests for correction of date of birth in service records at the fag end of one's career are impermissible and must demonstrate timely claims to avoid disrupting promotion rights of others.

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 make correction of his date of birth as per matriculation certificate of the petitioner issued by the Bihar School Examination Board, Patna.

3. As per the facts of case, petitioner was appointed as Pump Operator in Bharat Coking Coal Ltd. While working on the said post, the petitioner had submitted representation dated 25.01.2019 along with educational qualification certificate with a request 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 as per matriculation certificate has not been corrected and hence, he has knocked the door of this Court.

4. 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 educational qualification certificate produced by him and also the report received from Bihar School Examination Board and as such, a direction be given to the respondents to make suitable correction in the date of birth of the petitioner as per his educational qualification certificate.

5. On the other hand, learned counsel for the respondent-BCCL submits that the petitioner has accepted his date of birth as mentioned in his service excerpts for all along his service career and only at the fag end of service, he is praying for a direction upon the respondents to make correction in the date of birth as per his educational qualification certificate, which is not maintainable. 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 corrections of 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 his service excerpts all along his service career and it was only in the year 2019 i.e at the fag end of service career, he made an application for correction in the date of birth based on the entry made in his educational qualification certificate.

(II) Nothing has been brought on record to show that at the time of appointment of the petitioner what was his date of birth and petitioner has also failed to bring on record the letter of appointment showing the date of birth as he 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 for correction of the date of birth [by a public servant cannot be entertained at the fag end of his service]. It need not be pointed out that any such direction for correction of the date of birth of the public servant concerned has a chain reaction