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IN THE HIGH COURT OF TRIPURA AT AGARTALA
S. DATTA PURKAYASTHA
Sadhan Paul S/o Nibaran Chandra Paul – Appellant
Versus
State of Tripura – Respondent
JUDGMENT :
S. DATTA PURKAYASTHA, J.
1. Heard Mr. P. Roy Barman, learned senior counsel appearing for the petitioner and also heard Mr. K. De, learned Addl. G.A. appearing for the State-respondent nos.1 & 2 as well as Mr. P. Gautam, learned counsel appearing for the respondent nos.3 & 4.
2. The case of the petitioner in brief is that he was engaged as worker in Tripura Jute Mills Limited on 04.01.1985 and at the time of joining in the service, he filled up his personal datasheet by mentioning his date of birth to be 15.01.1962, but he could not produce any document in support of his date of birth and, therefore, as per Clause 23 of the Standing Order of Tripura Jute Mills Limited (Annexure-1 of the Writ Petition) he was referred to the Standing Medical Board, GBP Hospital, Agartala along with some other employees of the Jute Mills Limited for age determination and the Standing Medical Board vide their report dated 02.03.2002 determined the age of the present petitioner to be 37 years on that day and thereafter the petitioner also took loan from the State Bank of India, Amtali Branch and in the ‘Employer’s Certificate for Applicant/Guarantor’ as counter signed by the DDO of the responde
The court emphasized the binding nature of medical opinions on age determination and the necessity for employers to adhere to established procedures in maintaining accurate employment records.
Voluntary Retirement – VRS benefit is an entitlement and assumes character of property to employee concerned once his application for VRS is accepted – It is right of a person under Article 300A of C....
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....
Alteration of an employee's date of birth must comply with natural justice principles; failure to provide an opportunity to contest changes leads to void actions.
The date of birth recorded in the school leaving certificate is deemed to be correct and cannot be altered under any circumstances, as per Implementation Instruction No. 76. The employer is bound by ....
An employee's request to change the recorded date of birth after a lengthy tenure must be supported by compelling evidence, especially when it affects retirement benefits and official records.
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