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.

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 Manager (P&IR), M/s Bharat Coking Coal Limited, Dhanbad rejecting the claim of the A2 for correction of his date of birth in the service record as ‘07.06.1966’ instead of ‘27.06.1964’ on the basis of his Matriculation Certificate, has been dismissed.

Facts of L.P.A No. 81 of 2025

5. According to the A1, he was duly appointed by the respondent authorities on 02.12.1986 and at the time of appointment, he had submitted his Matriculation Certificate issued in the year 1982 from Khalsa High School, Dhanbad wherein his date of birth was mentioned as 05.10.1965. At the time of preparing the service excerpt of the A1, his date of birth was not mentioned in the column of date of birth, as he was appointed on the post of Temporary Underground Loader. The date of birth of the A1 was mentioned in Form-B as 24 years as on 07.05.1986 as per his medical report and as such he filed a representation dated 20.03.2007 for correction of his date of birth in the service record as was recorded in his Matriculation Certificate. The said certificate of the A1 was also verified from the concerned school i.e. Khalsa High School, Dhanbad and the same was found genuine. The Principal of that school also confirmed that in the school record, the date of birth of the A1 was recorded as 05.10.1965. The Manager, East Basuria Colliery, M/s B.C.C.L called for an explanation from the A1 vide letter dated 08/11.11.2014 which was replied by him on 25.11.2014 stating that he had declared his date of birth as 05.10.1965 at the time of his appointment in the year 1986 by submitting Matriculation Certificate which was issued in the year 1982 and thereby requested to correct his date of birth as per his Matriculation Certificate. However, the respondent authorities failed to rectify the date of birth of the A1 as per his Matriculation Certificate and he was made to retire on 31.05.2022 on the basis of his date of birth recorded in Form-B. Thereafter, the A1 filed the writ petition being W.P.(S) No. 644 of 2018 seeking direction upon the respondent authorities to correct his date of birth