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.

JUDGMENT :

Rongon Mukhopadhyay, J. :

1. Heard Mr. Sourabh Arun, learned counsel for the appellant and Dr. Ashok Kr. Singh, learned counsel appearing for the respondent BCCL.

2. This appeal is directed against the order dated 24-07-2024 passed by the learned Single Judge in W.P.(S) No. 4274/2023, whereby and whereunder, the challenge made to the letter as contained in Memo No. 710 dated 04-02-2020 issued by the respondent no. 3 rejecting the claim of the petitioner for correction in his date of birth has been negated and the writ application has been dismissed.

3. Briefly stated the facts reveal that the elder brother of the writ petitioner was employed in the respondent company as a Night Guard in Koridih Colliery, but unfortunately, he died in harness on 13-03-1995 which triggered an application submitted by the sister-in-law of the petitioner requesting the concerned authority to provide appointment to the writ petitioner. The writ petitioner was accordingly provided with compassionate appointment on the post of minor/loader on 27-05-1996. In the Form-B register, the date of birth of the writ petitioner was mentioned as 30 years as on 22-02-1996. The writ petitioner in the year 2016, came to know that in all the relevant records of the company, his date of birth has been mentioned as 22-02- 1966, though in the Tabulation Register issued by the Bihar School Examination Board, his date of birth has been mentioned as 15-06-1968. Based on such information, the writ petitioner had made a representation before the concerned authority for correction in his date of birth. The respondent no. 5 on 07-07- 2016, had issued two letters; one in which the writ petitioner was asked to show cause as to why he is claiming his date of birth as 15-06-1968 though in the documents with the company, his date of birth has been mentioned as 22-02-1966; and the other to the Principal of Government High School Beer Oyeara, District-Patna requesting to send the attested copy of the Admission Register of the School from where the writ petitioner had appeared for his matriculation examination. The attested document of Admission Register was sent by the Principal of the concerned School which would indicate his date of birth as 15-06-1968. The writ petitioner had also submitted his explanation to the show cause notice dated 07-07-2016. It has been stated that on 11-04-2019, the respondent no. 5 had addressed a letter to the petitioner asking the writ petitioner to submit the original copy of the Matriculation Certificate which was responded to by the petitioner by bringing to the notice of the respondent no. 5 that he is a non-matriculate and, therefore, he is not in possession of the Matriculation Certificate. An Office Order was issued by the respondent no. 3 vide Order No. 710 dated 04-02-2020, by which the prayer for correction of the date of birth has been regretted and this order was communicated to the writ petitioner vide Letter No. 286 dated 04-03-2020. Impugning both these letters, the writ petitioner has preferred W.P.(S) No. 4274 of 2023 which was dismissed by the learned Single Judge on 24-07-2024 against which the present appeal has been preferred.

4. It has been submitted by Mr. Sourabh Arun, learned counsel for the appellant/writ petitioner that the validity of the date of birth as entered in the Admission Register has not been called into question by the respondents and only on the basis of a non-existent ground, the claim of the writ petitioner for correction in the date of birth has been regretted by the concerned respondent. The writ petitioner has repeatedly brought to the notice of the authoriti