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M. S. RAMACHANDRA RAO, DEEPAK ROSHAN
Pawan Kumhar, son of late Ramu Kumhar – Appellant
Versus
Bharat Coking Coal Ltd. , through its Chairman-cum-Managing Director – Respondent
JUDGMENT :
(Deepak Roshan, J.)
Heard learned counsel for the parties.
2. This intra court appeal is directed against the judgment dated 12.02.2024 passed by the writ court in W.P.(S) No. 207 of 2021 which was dismissed and the claim of the petitioner to correct the date of birth in his entire service records based on matriculation certificate as 09.10.1972 instead of 25.08.1967 has been rejected.
3. The brief facts of the case are that the petitioner was appointed on compassionate grounds to the post of Minor Loader and joined his service on 30.10.1990 at Madhuban Colliery under respondent-BCCL.
4. The claim of the writ petitioner before the writ court was that before joining his service, he appeared in the matriculation examination and has duly submitted his admit card to the management and thereafter, the Area Personal Manager vide letter dated 15.02.2000 has issued a letter to the Bihar School Examination Board for verification of the certificate.
The further case of the writ-petitioner was that during course of his service he was promoted to the post of Mining Sardar, wherein the date of birth as mentioned in the matriculation certificate has been correctly mentioned in the relev
Delay in raising a claim for rectification of date of birth in service records can lead to dismissal of the appeal, as it defeats equity.
The court held that corrections to recorded dates of birth in service records are contingent upon timely applications and irrefutable evidence; delays over two decades are inherently fatal to claims.
An employee's request to change the recorded date of birth after a lengthy tenure must be supported by compelling evidence, especially when it affects retirement benefits and official records.
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 date of birth recorded in the HSC pass certificate should be taken as conclusive for all purposes, overriding earlier recorded dates in service records, particularly when the employee has consist....
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