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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
Nagula Rammohan – Appellant
Versus
Singareni Collieries Company Ltd., Rep. by its Chairman & MD, Hyderabad – Respondent
ORDER :
SUREPALLI NANDA, J.
Heard Sri Kallakuri Srinivasa Rao, learned counsel appearing on behalf of the petitioner and Sri P.Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited appearing on behalf of the respondents.
2. The petitioner approached this Court seeking the prayer as under:
“…to issue an appropriate writ or direction particularly one in the nature of Writ of Mandamus, declaring the impugned Proceedings Ref.No:RG2 /PER/CF/321 dated 31-01-2020 in retiring the petitioner from service prematurely with effect from 01-01-2018 instead of continuing me till 01-06-2021 as illegal, arbitrary, without jurisdiction, violation of principles of natural justice and contrary to Articles 14, 16 and 21 of Constitution of India and to set aside the same and direct the respondents to continue me in service till I attain the age of superannuation as on 01-06-2021 and the pass such other order or orders in the interest of justice and fair play.”
3. The case of the petitioner, in brief, is that the petitioner was appointed as an Excavation Plant Operator in the respondent company on 25.12.1981, and had submitted all valid documents, including VII Class Certificate
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....
The absence of birth proof at the time of appointment justifies reliance on the age determined by the employer's medical officer, with no entitlement to change it near retirement.
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 original date of birth recorded in a government employee's service book is deemed correct for all purposes, overriding any subsequent alterations.
The court upheld that recorded dates of birth in service books cannot be altered at the end of an employee's service, emphasizing adherence to procedural timelines.
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