Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | service record Service Law date of birth error |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Respondent was appointed as trainee in appellant’s company – His date of birth in service record was 04.03.1950 – However, he claims that he had declared his date of birth as 20.01.1955 in terms of entry contained in his matriculation certificate – In 2009, just prior to his retirement he sought change of date of birth in the records – Declined by the appellants – Respondent retired on 31.03.2010 and after lapse of four years from the retirement, he filed writ petition before High Court – High Court directed the appellants to make appropriate corrections and pass consequential orders – Division Bench limited the attendant benefits payable to the respondent – Held: If a particular date of birth is entered in the service register, a change sought cannot be entertained at the fag end of service after accepting the same to be correct during entire service – In the instant case, as on the date of joining in 1982 and as also in 1987 when the respondent had an opportunity to fill up the Nomination Form and rectify the defect if any, he had indicated the date of birth as 04.03.1950 – He reiterated the same when Provident Fund Nomination Form was filled in 1998 which corresponds to the date of birth entered in the service register as on the date of commencement of the employment – Thus, merely because a verification was made from the Bihar School Examination Board and even if it was confirmed that the date of birth was 20.01.1955 such change at that stage was not permissible – It is only after more than 30 years from the date of his joining service, for the first time in 2009 he had made the representation – Respondent also did not avail the judicial remedy immediately thereafter, before retirement – Indulgence shown to the respondent by the High Court was not justified – Impugned order set aside. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2020 INSC 136 |
Petitioner | Bharat Coking Coal Ltd. & Ors. |
Respondent | Shyam Kishore Singh |
SCR | [2020] 2 S.C.R. 597 |
Judgement Date | 2020-02-05 |
Case Number | 1009 |
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