A government servant can seek correction of the date of birth in service records based on irrefutable proof despite any absence of explicit limitation, as long as the request is made without unreasonable delay.

JUDGMENT :

S.K. Panigrahi, J.

1. The Petitioner through this Writ Petition has challenged the order dated 27.12.2022 with respect to her retirement from the service on attaining the age of superannuation on 10.10.2023.

I. FACTUAL MATRIX OF THE CASE

2. The petitioner joined in the service with effect from 15.07.2002 as "Swechhasevi Sikhya Sahayak" on ad hoc basis in Badabasta UGME School in Block of Bhandaripokhari District, Bhadrak. After serving a long period of 8 years in the service, the petitioner was regularized with effect from 17.07.2009 vide letter No. 47/ZP dated 15.02.2010.

3. Herein/ the date of birth was entered wrongly as “10.10.1963” instead of “10.10.1965” in the service book. Hence, the service period was counted from 10.10.1963 instead of 10.10.1965 by the Opp. parties. Owing to the wrong entry, the petitioner sent six representations to the B.E.O, Bhandari Pokhari and six representations to B.E.O, Bhandari Pokhari on 10.07.2012, 23.07.2013, 17.06.2014, 16.05.2015, 13.07.2016 and 08.09.2016 for correction of date of birth. However, no action has been taken by the Opposite parties till date.

4. Some of the important documents indicating the proof of age such as School Register of D.M. Madan Girls’ High School, Jameshedpur, Bihar, Matric Certificate of Bihar Bidyalaya Parikhya Samiti, Marksheet of Teacher’s Certificate Examination, Odisha, PAN Card and Aadhaar Card have been filed along with the present petition as supportive documents for the proof of age.

5. After due verification of the date of birth of the petitioner, the Vigilance Officer of Bihar School Examination Board intimated a letter to B.E.O., Bhandarpokhari, Bhadrak, Odisha that the date of birth was verified as 10.10.1965 vide letter No.7728 dated 10.08.2022. The petitioner is going to retire on 10.10.2023 vide order No. 3147 dated 27.12.2022 relying on the wrong entry of DOB in the service book.

6. The petitioner approached this Court in W.P.(C) No. 15640 of 2023 for correction of DOB (Date of Birth) in service book and this Court passed the order to file a representation before the Opp. Party No.4 within a period of 7 days to take a lawful decision with respect to the date of birth issue.

7. After receiving the representation, the B.E.O. rejected it on the ground that the petitioner had not approached the authority within 5 years of opening of service book. However, the petitioner had filed a representation to the B.E.O., Bhandaripokhari within the stipulated time for correction of a clerical error on 10.07.2012.

8. In the meantime, the B.E.O., Bhandaripokhari took up the investigation. The Bihar Board of Secondary Education was contacted officially and all the requisite payment was made through Bank draft as per rule. All documents like matriculation certificate, extract of the school admission register verification of the matriculation certificate vide letter No. 7728 dated 10.08.2022 by vigilance officer, Bihar School Examination Board, main building, Sinha Library Road, Patna were not considered in her favour. All papers obtained by official investigation exhibited ir-rebuttable evidence showing that date of birth recorded in the service book is correct. The head master of Kanti Government High School where the petitioner is serving gave a letter in favour of the petitioner’s actual date of birth. Aggrieved by the same, the petitioner has filed this writ petition.

II. COURT’S REASONING AND ANALYSIS

9. In this aspect, a Government servant, after entry into service, acquires the right to continue in service till the age of retirement, as fixed by the State, in exercise of its powers regulating conditions of service,