The date of birth recorded in the HSC pass certificate should be taken as conclusive for all purposes, overriding earlier recorded dates in service records, particularly when the employee has consistently sought correction.

JUDGMENT : 

Biraja Prasanna Satapathy, J.

1. The present Writ Petition has been filed by the Petitioner challenging order dtd.26.12.2022 so passed by Opp. Party No.2, under Anexure-29, wherein claim of the Petitioner for change of his Date of Birth in his service record was rejected.

2. It is the case of the Petitioner that Petitioner entered into service as a Mate/WMC System Worker, where he joined on 17.01.1991. While joining under the Corporation, in the service record so opened, Petitioner’s Date of Birth was recorded as 05.08.1966. Petitioner also completed the required probation on 16.01.1992.

2.1. It is contended that while so continuing, Petitioner appeared the Annual High School Certificate Examination (ex-regular) held in the month of October, 1992, so conducted by the Board of Secondary Education, Odisha. In the Board Certificate issued in favour of the Petitioner, taking into account the Date of Birth recorded in the School Register under Annexure-1, Petitioner’s Date of Birth was recorded as 27.04.1972 vide the H.S.C pass certificate issued under Annexure-2.

2.2. It is contended that while so continuing and after passing his H.S.C Examination as an ex-regular candidate in the examination held in October, 1992, Petitioner while complying the request made by the Corporation in its Circular dt.05.12.1994 under Annexure-3, submitted an affidavit before the Manager (Depot) of the Corporation indicating therein that his correct Date of Birth is 27.04.1972 in place of 05.08.1966. Affidavit so sworn by the Petitioner under Annexure-4, was also submitted on the very same date before the Manager (Depot) of the Corporation. It is also contended that similar affidavit was also submitted before the Manager (Depot) of the Corporation so sworn on 20.12.2003 under Annexure-5 and 11.08.2009 under Annexure-6.

2.3. It is contended that affidavit sworn on 11.08.2009 under Annexure-6 with the representation made by the Petitioner for change of his Date of Birth as 27.04.1972 in place of 05.08.1966, was forwarded to the General Manager, Food Corporation of India- Opp. Party No.2, by the Manager, District Office, Sambalpur vide letter dt.01.09.2009 under Annexure- 7. However, on the face of such request being forwarded under Annexure-7, when no action was taken, Petitioner moved Opp. Party No.2 vide his letter under Annexure-8.

2.4. It is contended that request for change of the Date of Birth of the Petitioner, was also forwarded by the Manager (Depot) of the Corporation at Balijhori to the Area Manager of the Corporation vide letter dt.22.05.2015 under Annexure-9. Not only that, further request was made for consideration of the claim of the Petitioner for change of his Date of Birth vide letter dt.01.06.2015 under Annexure-10 to Opp. Party No.2.

2.5. It is also contended that vide letter dt.13.07.2016 under Annexure-11 and letter dt.15.05.2019 under Annexure-14, claim of the Petitioner for change of his Date of Birth was not only forwarded by the Manager (Depot), but also vide letter dt.04.10.2018 under Annexure-13, the Area Manager of the Corporation was moved with similar request.

2.6. Learned Sr. Counsel appearing for the Petitioner contended that taking into account the Date of Birth recorded in the H.S.C Certificate so issued under Annexure-2, in all the certificates issued by the Government namely Aadhar, PAN Card and Voter I.D card, Date of Birth of the Petitioner has been recorded as 27.04.1972 under Annexure-15 series. But on the face of such documents being produced and communicated at different point of time starting from 1994 till 2019, no step was taken to correct the Date of Birth of the Petitioner in his service record.

2.7. Petitioner accordingly once again moved Opp. Party No.3 vide his letter dt.12.08.2021 under Annexure-16, with a prayer to change his Date of Birth. Such application of the Petitioner submitted under Annexure-16, was forwarded to the Assistant General Manager, Kolkata vide letter dt.04.09.2021 under Annexure-17