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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, AMBUJ NATH
Shailendra Kumar, S/o Dharam Deo Singh – Appellant
Versus
Bharat Coking Coal Limited through the General Manager, At Koyala Bhawan – Respondent
| Table of Content |
|---|
| 1. factual background of the date of birth dispute (Para 2 , 3) |
| 2. arguments regarding the validity of the date of birth claim (Para 4 , 5) |
| 3. court's reasoning on statutory entries and belated claims (Para 6 , 8 , 9) |
| 4. precedent on validity of employee's date of birth claims (Para 7) |
| 5. final order dismissing the appeal (Para 10 , 11) |
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 petition
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.
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....
The central legal point established in the judgment is the application and interpretation of II No.76 in reviewing and determining the date of birth for existing employees, and the onus on the petiti....
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.
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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