A request for correction of date of birth in service records made at the fag-end of a career after decades of service is barred by the principle of delay and laches and cannot be claimed as a matter of right, even if supporting evidence exists.

1. By way of this petition, the petitioner has prayed for following reliefs :

“10.1 The Hon'ble Court may kindly be

pleased to call for the entire record

pertaining to the case of the petitioner.

10.2 The Hon'ble Court may kindly be

pleased to quash the letter dated

24.03.2023 issued by respondent

authorities.

10.3 The Hon'ble Court may kindly be

further pleased to direct the respondents to

correct the date of birth of the petitioner as

27.04.1965 in his service record.

10.4 The Hon'ble Court may kindly be

further pleased to direct the respondent

authorities not to retire the petitioner

considering his date of birth as 17.08.1963

and allow the petitioner to continue his

services till his date of superannuation

considering his date of birth as

27.04.1965.

10.5 Any other relief, which this Hon'ble

Court may deems fit and proper may also

be awarded to the petitioner including the

cost of the petition”

2. Facts of the case, in a nutshell, are that the petitioner was employed as the Senior Store Keeper at Sub Area Jhilmili, Area Baikunthpur, District Koria (C.G.) with the respondent company. He was initially appointed as a General Mazdoor Category-I (piece-rated workman) on 16.08.1988. At the time of his appointment, the petitioner submitted his original Class 8th mark sheet, which recorded his date of birth as 27.04.1965. However, due to an inadvertent mistake, the respondent company erroneously recorded his date of birth as 17.08.1963 in the service records, despite the original mark sheet being attached to the petitioner’s service book. The petitioner, in compliance with the appointment order, submitted all requisite documents, including his educational certificates. During the medical examination, however, the petitioner’s age was incorrectly assessed and recorded as 25 years on 16/17.08.1988, based on the wrong date of birth. This discrepancy was also reflected in Form-O. Despite the incorrect entry, the petitioner progressed in his career, and based on his educational qualifications, including the Class 11th certificate, which listed his date of birth as 27.04.1965, he appeared in departmental examinations, was promoted to the post of Clerk on 29.07.1997, and is presently serving as Senior Store Keeper at Pandopara mines, Jhilmili Sub Area. Additionally, the petitioner has also submitted his Dakhil Khariz registers of Class 5th and 8th, which confirm his date of birth as 27.04.1965. The petitioner became aware of the error regarding his date of birth in 2015 and promptly submitted a representation to the respondent authorities requesting correction of his date of birth. This was followed by several correspondences, including letters dated 28.12.2015, 16.01.2016, and 20.01.2016, seeking clarification and providing the required forms (PS-3 and PS-4). However, despite repeated requests, the authorities failed to address the issue. In 1973, the Government of India constituted the Joint Bipartite Committee for Coal India (JBCCI), which governs the service conditions of non-executive employees in the coal industry through the National Coal Wage Agreements (NCWA). Under the NCWA, the terms of service for employees, including provisions for correcting errors in records, are binding on the parties. Implementation Instruction No. 76 of NCWA-III specifically governs