IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN, RAJESH SHANKAR
Uma Ram – Appellant
Versus
Bharat Coking Coal Limited, through its Chairman-cum-Managing Director, Dhanbad – Respondent
JUDGMENT :
RAJESH SHANKAR, J:
I.A. No. 679/2025 (L.P.A. No. 81/2025)
1. Having heard learned counsel for the parties and for the reasons stated in the application duly supported by the affidavit of the appellant/applicant, we find that sufficient cause has been explained which prevented the appellant from filing the appeal within the prescribed period of limitation. Accordingly, the delay of 95 days in filing of the appeal is condoned.
2. The present interlocutory application stands disposed of.
3. L.P.A No. 81 of 2025 has been preferred against the order dated 09.09.2024 passed by this Court in W. P. (S) No. 644 of 2018 whereby the writ petition filed by the petitioner/appellant (hereinafter referred to as ‘the A1’) seeking correction of his death of birth in the service record as ‘05.10.1965’ instead of ‘07.05.1962’ on the basis of the date of birth recorded in his Matriculation Certificate, has been dismissed.
4. L.P.A No. 523 of 2024 has been preferred against the order dated 11.06.2024 passed by this Court in W.P.(S) No. 2365 of 2021 whereby the prayer of the petitioner/appellant (hereinafter referred to as ‘the A2’) for quashing the letter dated 14/15.10.2020 issued by the General
M/s Bharat Coking Coal Limited & Ors. Vs. Chhota Birsa Uranw reported in
G.M. Bharat Coking Coal Ltd. West Bengal Vs. Shib Kumar Dushad & Ors.
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.
The date of birth recorded in the Matriculation Certificate authenticated by the Education Board is conclusive proof of age, and a change in date of birth cannot be entertained at the fag end of serv....
The central legal point established in the judgment is the importance of authentic documents, such as matriculation certificates, for determining the date of birth of employees. The judgment emphasiz....
Applications for correction of date of birth in service records must be timely; delay can invalidate claims, even with evidence.
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 correction of date of birth in service records can be rejected on grounds of delay and lack of irrefutable proof, especially when made at the fag-end of service.
The court affirmed that applications for correction of date of birth must be made within two years of service entry, and delays undermine service integrity and affect junior employees' promotions.
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....
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