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SANGEETA CHANDRA
Subhramaniyam – Appellant
Versus
State of U. P. Through Managing Director – Respondent
JUDGMENT :
1. Heard Sri Shailendra, learned Senior Advocate assisted by Sri Abhiuday Mehrotra, learned counsel for the petitioner and Sri Mani Shanker Mishra, Advocate holding brief of Sri Ved Byas Mishra, learned counsel for the respondents.
2. The petitioner has challenged the notice of retirement dated 28.05.2021 communicating to him the date of his retirement as 30.09.2021, treating his date of birth as 04.09.1961.
3. It is the case of the petitioner that he was initially engaged as a daily wage employee/Peon at the Ghaziabad Office of U.P Scheduled Caste Finance and Development Corporation Limited. Later on, his appointment was made regular as per the Class-IV Employees Service Rules, 1975. At the time of his entry into service his date of birth was recorded as 04.09.1961. However, the petitioner had passed his High School in the year 1980 and when he was appointed in the year 1982, he did not posses the pass certificate, he only possessed the mark sheet of having passed High School. He received his High School pass certificate on 21.03.1991 which showed his date of birth as 06.11.1964. The petitioner was subsequently promoted as a Class-III employee on 30.08.1997 and at the time
The main legal point established in the judgment is the requirement for irrefutable proof and timely requests for correction of date of birth in service records, as well as the limitations on seeking....
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.
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....
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