Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | SERVICE LAW: Date of birth - Correction of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | SERVICE LAW: Date of birth - Correction of - Claim of employee to correct his date of birth and rectify discrepancies in his service record - Declined by employer - Allowed by High Court - Held: With an aim to prevent cascading inconveniences caused by change of date of birth, a wronged employee should not be denied of his rights especially when he has adhered to the procedure laid down and attempted to avoid litigation by resorting to in-house mechanisms - Public Corporations/Departments, should not benefit from their own omission of duty - In the instant case, appellant-company failed to follow the procedure as laid down in Implementation Instruction - It was due to discrepancies which subsisted that appellants gave all its employees a chance to rectify the same - Respondent duly followed the procedure available -- Appellants are bound by their actions and their attempt to deny claim of ,respondent on the basis of technicality is incorrect - It has been correctly determined by single Judge of High Court that dispute was not raised at fag end of service nor on the eve of superannuation but it was raised at the earliest possible opportunity in 1987 when respondent became aware of the discrepancy - Order of High Court does not call for any interference.EVIDENCE: Date of birth - School leaving certificate - Evidentiary value of - Relevant date with regard to issuance of school leaving certificate - Held: Implementation Instruction No. 76 clause (i)(a) permits rectification of the date of birth by treating the date of birth mentioned in school leaving certificate to be correct provided such certificates were issued by educational institution prior to date of employment - Date of issue of certificate actually intends to refer to the date with relevant record in school on the basis of which the certificate has been issued - A school leaving certificate is usually issued at the time of leaving school by student, subsequently a copy thereof also can be obtained where a student misplaces his said school leaving certificate and applies for a fresh copy thereof - Issuance of fresh copy cannot change the relevant record which is prevailing in records of the school from date of admission and date of birth of student, duly entered in records of the school. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2014 INSC 334 |
Petitioner | M/s Bharat Coking Coal Ltd And Ors. |
Respondent | Chhota Birsa Uranw |
SCR | [2014] 4 S.C.R. 887 |
Judgement Date | 2014-03-25 |
Case Number | 4890 |
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