IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Prabir Kumar Muduli – Appellant
Versus
Food Corporation of India – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. The present Writ Petition has been filed by the Petitioner challenging order dtd.26.12.2022 so passed by Opp. Party No.2, under Anexure-29, wherein claim of the Petitioner for change of his Date of Birth in his service record was rejected.
2. It is the case of the Petitioner that Petitioner entered into service as a Mate/WMC System Worker, where he joined on 17.01.1991. While joining under the Corporation, in the service record so opened, Petitioner’s Date of Birth was recorded as 05.08.1966. Petitioner also completed the required probation on 16.01.1992.
2.1. It is contended that while so continuing, Petitioner appeared the Annual High School Certificate Examination (ex-regular) held in the month of October, 1992, so conducted by the Board of Secondary Education, Odisha. In the Board Certificate issued in favour of the Petitioner, taking into account the Date of Birth recorded in the School Register under Annexure-1, Petitioner’s Date of Birth was recorded as 27.04.1972 vide the H.S.C pass certificate issued under Annexure-2.
2.2. It is contended that while so continuing and after passing his H.S.C Examination as an ex-regular candidate in t
G.M., Bharat Coking Coal Ltd., West Bengal Vs. Shib Kumar Dushad and Others
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....
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....
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 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.
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.
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 must be timely; delay can invalidate claims, even with evidence.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.