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 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 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 the petitioner is entitled to get his date of birth corrected by the respondents on the basis of educational 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 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 certificate. 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 in 1980 under VRS Scheme, Petitioner accepted the date of birth mentioned in his service excerpts all along his service career and it was only in the year 2015 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 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 permissible.

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 th