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IN THE HIGH COURT OF ALLAHABAD
S. H. A. Raza and Bhagwan Din, JJ.
DIWAKAR DUTT BHATT - Appellant
Versus
LIFE INSURANCE CORPORATION OF INDIA, BOMBAY - Respondents
C. M. W. P. 36430 Of 1997
Decided On : 01/16/1998
DATE OF BIRTH CORRECTION - HIGH SCHOOL CERTIFICATE - LIFE INSURANCE CORPORATION OF INDIA (STAFF) REGULATIONS, 1960 - ADMINISTRATIVE INSTRUCTIONS - VERIFICATION OF DATE OF BIRTH - COURT'S INTERFERENCE - SUMMARY: The court held that generally, it should not interfere in matters of date of birth correction, especially when the representation is made at a belated stage. However, in this case, the court considered novel features, including the petitioner's efforts to correct the date of birth since 1970, the Board of High School and Intermediate's rectification of the mistake, and the Life Insurance Corporation of India's failure to provide an opportunity to verify the correction.
Fact of the Case:
The petitioner, employed by the Life Insurance Corporation of India (LIC), sought to correct his date of birth in his High School Certificate, which was erroneously recorded as 1.2.1938 instead of 26.10.1941. He applied to the Board of High School and Intermediate in 1970 for the correction, but the matter remained pending. Despite repeated efforts, the LIC did not take action on his request to correct the date of birth in his service record. The petitioner filed a writ petition in the High Court, which directed the Board to rectify the mistake. The Board complied and issued a corrected certificate on 25.1.1996. However, the LIC retired the petitioner on 31.1.1996 based on the incorrect date of birth.
Finding of the Court:
The court found that the petitioner had been diligently pursuing the correction of his date of birth since 1970. It also noted that the LIC had failed to provide him an opportunity to verify the correction made by the Board of High School and Intermediate. The court held that the LIC's action in retiring the petitioner on the basis of the incorrect date of birth was illegal and void.
Issues: 1. Whether the court should interfere in matters of date of birth correction, especially when the representation is made at a belated stage. 2. Whether the LIC's failure to provide the petitioner an opportunity to verify the correction made by the Board of High School and Intermediate was a violation of natural justice.
Ratio Decidendi: The court held that while it generally should not interfere in matters of date of birth correction, it could do so in cases with novel features, such as the petitioner's diligent efforts to correct the mistake, the Board's rectification of the error, and the LIC's failure to provide an opportunity to verify the correction. The court also held that the LIC's action in retiring the petitioner on the basis of the incorrect date of birth was a violation of natural justice.
Final Decision: The court declared the LIC's action in retiring the petitioner illegal and void. It quashed the impugned orders passed by the Zonal Manager of LIC and directed the LIC to pay the petitioner all consequential benefits. The court also gave the LIC the option to either pay the petitioner the salary for the remaining period of his service or restore him to his post and allow him to work till he attained the age of superannuation, treating his date of birth as 26.10.1941.
( 1 ) THIS is well-settled that generally the Court should not interfere in the matter of correction of the date of birth, particularly when the representation to correct the date of birth is made at a belated stage. But in this case, we have to consider certain novel features which are not generally found in the case pertaining to correction of date of birth. The petitioner in the Form of High school Examination, mentioned his date of birth as 26. 10. 1941 but the certificate which was issued to him mentioned 1. 2. 1938 as the date of birth. The petitioner in his application for appointment on the post of Development Officer mentioned the same date of birth, which was indicated in the High School Certificate, i. e. , 1. 2. 1938. The petitioner was fortunate enough to be selected as Development Officer in the Life Insurance Corporation of India. At the time of attaining his superannuation on 31. 1. 1996 the petitioner was working as Branch Manager in the life Insurance Corporation of India.
( 2 ) BEFORE joining the services in the Life Insurance Corporation of India as Development Officer, the petitioner on 10. 7. 1970 applied to the Board of High School and Intermediate for correction of his date of birth, Indicating that the date of birth entered into his certificate was patently wrong, inasmuch as, he had mentioned 26. 10. 1941 as his date of birth in his Examination Form. The matter remained pending before the Board of High School and Intermediate, inspite of the repeated efforts of the petitioner to get the matter decided.
( 3 ) THE petitioner applied before the Life Insurance Corporation of India for the correction of his date of birth. The Manager (Personnel), Life Insurance Corporation of India on 10. 3. 1995. Indicating the facts mentioned in the foregoing paragraphs, asked the petitioner to send the original High School Certificate along with photostat copy, so after attesting the photostat copy it may be sent to the Regional Office of the Life Insurance Corporation of India for necessary action.
( 4 ) ON 30. 3. 1995 the Manager (Personnel), Life Insurance Corporation of India acknowledging the receipt of the petitioners letter dated 30. 3. 1995, alongwith registered letter, dated 6. 2. 1995 to the Secretary, Board of High School and Intermediate Examination. Allahabad and the letter dated 3. 3. 1995 issued by the Life Insurance Corporation of India to the petitioner, the petitioner was asked to submit his original certificate of High School, alongwith two photostat copies of the same for information and necessary action at their end. The letter also indicated that inspite of the earlier letter the same had not been enclosed, the petitioner was directed to comply with the aforesaid requirement to enable the Life Insurance Corporation of India to proceed further in the matter. Similar letter was again addressed to the petitioner on 3. 8. 1994, in which he was directed to furnish a copy of the amended/corrected copy of the High School Certificate to the life Insurance Corporation of India for taking necessary action.
( 5 ) IN the meantime the petitioner filed a writ petition bearing No. 34762 of 1995 before this court, wherein, the Board of High School and Intermediate was directed to rectify the mistake which has occurred in the High School Certificate of the petitioner. In pursuance of the High court order dated 1. 12. 1995 the Board of High School and Intermediate considered the representation of the petitioner and came to the following conclusions :
(i) According to Primary School Certificate, issued to the petitioner, his date of birth was 26. 10. 1941. (ii) According to the Junior High School Certificate the date of birth of the petitioner is 26. 10. 1941. (iii) From the report of the Enquiry Officer of the institution from where he appeared in the High school Examination the date of birth of the petitioner was verified as 26. 10. 1941. (iv) The mistake was a clerical one and af
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