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S. N. PATHAK
Om Prakash Singh – Appellant
Versus
Bharat Coking Coal Ltd. , represented through its Chairman-cum-Managing Director – Respondent
| Table of Content |
|---|
| 1. petitioner requests correction of date of birth. (Para 2 , 3) |
| 2. arguments regarding age correction validity. (Para 4 , 5) |
| 3. court's observation on merits of the case. (Para 6) |
| 4. writ petition dismissed. (Para 7) |
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 in his date of birth as per educational certificate of the petitioner or alternatively, the age of the petitioner be assessed by the Apex Medical Board in view of I.I. No. 76 of the NCWA.
3. As per the facts of case, initially on 19.12.1980, petitioner was appointed under the VRS Scheme in place of his father. While working as Driver at Bhagabandh Colliery, the petitioner had submitted application dated 14.09.2015 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 mentioned in the educational certificate has not been corrected and hence, he has knocked the door of this Court.
4. Learned counsel for the petitioner submits that
Requests for correction of date of birth in service records made at the end of a government servant's career are not permissible without clear evidence, as it affects seniority and promotions of othe....
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.
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 employ....
If there is good evidence to establish that recorded date of birth is erroneous, correction cannot be claimed as a matter of right.
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 court ruled that correction of the date of birth in service records cannot be claimed as a fundamental right, especially after a significant delay, which can adversely affect other employees' opp....
Timeliness and procedural compliance are critical for corrections in service records related to date of birth under applicable regulations.
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