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SHREE CHANDRASHEKHAR, NAVNEET KUMAR
Prasadi Ravidas, S/o. Bhagan Ravidas – Appellant
Versus
Bharat Cooking Coal Limited – Respondent
JUDGMENT :
The Writ Court’s decision in W.P.(S) No. 4083 of 2021 has been challenged by the appellant on the ground that date of birth of an employee can be corrected even at the fag end of the service provided there is unimpeachable documentary evidence in support thereof.
2. The appellant has pleaded that at the time of his appointment on the post of sweeper under the Bharat Cooking Coal Limited (BCCL) in the year 1987 a Medical Board was constituted and his age was assessed around 19 years at that time. On the other hand, the BCCL referred to the school leaving certificate and an affidavit duly sworn by the appellant wherein he himself disclosed his date of birth on 6th December 1961. The stand taken by the BCCL is that the date of superannuation of the appellant has been fixed on the basis of the aforementioned documents produced by the appellant himself.
3. The writ court referred to “State of T.N. v. T.V. Venugopalan” (1994) 6 SCC 302, “Secretary and Commissioner, Home Department v. R. Kirubakaran” 1994 Supp (1) SCC 155, “Manik Chand Ghosh v. Bharat Coking Coal Ltd. & Ors.” 2004 (1) JCR 51 (Jhr.), “State of Maharashtra v. Gorakhnath Sitaram Kamble” (2010) 14 SCC 423, “State of M
Requests for correction of date of birth at the fag end of service are not sustainable, as established by various precedents.
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.
Applications for alteration of date of birth after five years should not be entertained, especially at the fag end of the service career, as per the notification and legal precedents.
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