The date of birth recorded in service records at the time of initial appointment, in the absence of high school or equivalent qualification at that time, is final and binding for all purposes. Any alteration requires a fair inquiry that adheres to the principles of natural justice.

JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. The petitioner was appointed on the post of Shramik at Harduaganj Thermal Power Plant, Kasimpur, Aligarh vide an appointment letter dated 18.3.1988.

2. At the time of entry in service, petitioner’s date of birth was mentioned on basis of a report of medical examination dated 19.10.1987 that at that stage, petitioner appears to be 20 years old and accordingly in service records his date of birth was recorded as 19.10.1967 and same was mentioned in other documents also including information uploaded on web portal of respondent Nigam and according to said date of birth, petitioner’s date of retirement would be 31.10.2027.

3. Sri Rahul Mishra, learned counsel for the petitioner submitted that after 35 years, an inquiry was conducted behind his back regarding his date of birth to determine correct date of retirement, since it was found that his date of birth was changed by making overwriting in his service book from 19.10.1967 to 14.4.1966 as well as his date of birth mentioned in Hindi as was deleted by using white fluid and just below it was mentioned in Hindi as though the date of retirement i.e. 31.10.2027 was not disturbed. For reference, scanned copy of same though very dim , still for ready reference is pasted hereinafter:-

4. The petitioner has procured some documents under The Right to Information Act, 2005, subsequently that an inquiry was initiated but its report was not submitted by the Inquiry Committee/I.G. Vigilance including Forensic Report. Therefore, the Executive Engineer communicated the Inquiry Committee vide a communication dated 22.12.2025 to inform about outcome of inquiry and same request was repeated vide another communication dated 3.2.2026. For reference, contents of letter dated: 03.02.2026 is mentioned hereinafter:

5. In aforesaid circumstances, since neither a report was submitted by the Inquiry Committee nor I.G. Vigilance has submitted a report on basis of Forensic Report, if any information was sent by the Executive Engineer to Chief General Manager vide a communication dated 19.03. 2026 that date of birth of petitioner be considered on basis of a new document i.e. a Transfer Certificate wherein petitioner’s date of birth was mentioned as 14.04.1966 i.e. he would retire on 30.04.2026 i.e. about a year and 6 months earlier. Relevant part of aforesaid communication is reproduced hereinafter:

6. In aforesaid circumstances, for first time petitioner was informed about the decision vide a communication dated 23.03.2026 that he would retire on 30.4.2026 on basis of above referred document i.e. Transfer Certificate considering his date of birth to be 14.04.1966 ignoring Date of Birth (19.10.1967) mentioned in service records.

7. In aforesaid circumstances, petitioner approached this Court by way of filing present writ petition on 12.04.2026 against orders dated19.03.2026 and 23.03.2026.

8. Learned counsel for the petitioner referred Rule 2 of U.P. Recruitment to Services (Determination of Date of Birth) Rules, 1974 that in case at the time of entry in service, an employee has not passed High School or equivalent examination, date of birth recorded in service book at the time of entry shall be deemed to be correct date of birth or age as the case may be and since there are sufficient materials on records that date of birth of petitioner at the time of his entry into Government Service was 19.10.1967, therefore, his retirement date would be 31.10.2027, the