Back
RAJESH SHANKAR
Nand Lal Harijan – Appellant
Versus
Bharat Coking Coal Limited, Dhanbad represented through its Chairman-cum-Managing Director – Respondent
ORDER :
HON'BLE MR. JUSTICE RAJESH SHANKAR
The present writ petition has been filed for quashing letter no. H-163 dated 25/27.05.2021 (Annexure-14 to the writ petition) issued under the signature of Project Officer, Moonidih Colliery, Bharat Coking Coal Limited (BCCL), Dhanbad (the respondent No.3), whereby the petitioner was intimated that he would attain the age of 60 years on 03.08.2021 and as such he would retire from service on 31.08.2021. Further prayer has been made for issuance of direction upon the concerned respondents to correct the date of birth of the petitioner in the official records as per his date of birth recorded in his matriculation mark-sheet and to allow him to continue in service till 14.09.2023 as well as to pay all the consequential benefits including arrears of salary and allowances for the period he has been prevented from discharging his duty by the impugned letter.
2. Learned counsel for the petitioner submits that the father of the petitioner namely Late Kailash Harijan was an employee of the respondent-BCCL, who was declared medically unfit by the medical board of the said respondent, and in his place, the petitioner was offered employment to the post of
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.
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 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....
Applications for correction of date of birth in service records can be rejected on grounds of delay and lack of irrefutable proof, especially when made at the fag-end of service.
The main legal point established in the judgment is that applications for correction of date of birth in service records must be reasonable and timely. The delay in seeking correction, absence of irr....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
