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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Jaglal Prasad Ram S/o Shibu Ram – Appellant
Versus
Bharat Coking Coal Limited – Respondent
JUDGMENT :
ANANDA SEN, J.
1. Heard the learned counsel for the petitioner and the learned counsel for the respondent-BCCL.
2. In view of the admitted facts of this case, it is not necessary to call for the counter affidavit.
3. By filing this writ petitioner, the petitioner prays for salary of 7 months i.e. from 01.06.2022 to 31.12.2022, the period which he had to remain out of service as he was made to superannuate prematurely on 31.05.2022 instead of 31.12.2022.
4. The facts lies in narrow compass. The petitioner was an employee of Bharat Coking Coal Limited. As per him, he was prematurely retired. As per him, his actual date of birth is 12.12.1962. The respondent wrongly recorded his date of birth as 24 years as on 14.05.1986, which transforms to 14.05.1962. Thus, the petitioner was made to superannuate w.e.f. 31.05.2022 on attaining the age of 60 years. The petitioner therefore challenged the wrong recording of his date of birth before this Court in W.P. (S) No. 254 of 2021 (Jaglal Prasad Ram Vs. M/s Bharat Coking Coal Ltd.). A Co- ordinate Bench of this Court allowed the said writ petition vide judgment dated 24.01.2024 by setting aside the impugned letter dated 13/16.11.2020, wher
An employee cannot challenge their recorded date of birth shortly before superannuation, as established by Supreme Court precedents.
An employee cannot be denied remuneration for work performed due to a clerical error regarding the date of birth, as it constitutes unconstitutional begar under Article 23 of the Constitution.
Tampering with age records to gain employment advantage invalidates claims to continued service; retirement at correct age does not breach natural justice.
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....
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