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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sri Ananda Sen, J
Lachhu Manjhi, S/o Shukla Manjhi, R/o Duhatand, Manjhi Tola – Appellant
Versus
Bharat Coking Coal Ltd. – Respondent
JUDGMENT :
ANANDA SEN, J.
The petitioner is challenging Annexure-6 to the writ petition. The Annexure-6 is the information given to the petitioner by his employer that he is due to superannuate with effect from 31.10.2022 as his date of birth is recorded in the service record as 08.10.1962.
2. Learned counsel for the petitioner submits that he cannot be superannuated on 31.10.2022 as his date of birth has been wrongly mentioned as 08.10.1962 in the service records in place of 19.04.1967.
3. There is a dispute regarding recording of date of birth of the employee. Annexure-1 to the writ application is the service excerpts which was provided to the petitioner on 10.07.1987. In the service excerpts in the column of date of birth of the petitioner it was mentioned as 23 years as on 08.10.1985 and his date of appointment is January, 1986, the said document bears the signature of this petitioner. Petitioner did not object such recording.
4. From this document, it is clear that in 1987 itself at least on 10.07.1987, the petitioner knew that his date of birth has been recorded as 23 years as on 08.10.1985 which will be sometime in the year 1962.
5. The petitioner heavily relying upon the Pan Card
An employee cannot challenge their recorded date of birth shortly before superannuation, as established by Supreme Court precedents.
The principle that corrections to the date of birth in service records cannot be entertained at the end of a government employee's service unless there is clear and irrefutable evidence of error, and....
The recorded date of birth at the time of appointment is binding, and requests for correction made after a significant delay are not sustainable.
Point of Law : The right of respondents of superannuating the petitioner on her attaining age of superannuation on basis of her date of birth certificate being 06.11.1957 is upheld.
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