Facts
The applicant, Narayan, was initially engaged as casual labor and later regularized as a Technician Grade-I in the East Central Railway, Samastipur Division
Source reference: p. 2He was retired from service on 31.05.2017 based on the respondents' records indicating his date of birth as 05.05.1957
Source reference: p. 2The applicant filed this Original Application (OA) seeking a direction to treat his date of birth as 12.12.1959 and for subsequent reinstatement, claiming he was retired prematurely at the age of 57
Source reference: p. 2He relied upon a Medical Memo and a Casual Labour Card (Red Card) dated 27.02.1985 to support his claim
Source reference: p. 2The respondents contested the claim, asserting that the Service Book and an affidavit signed by the applicant himself recorded the 1957 date
Source reference: p. 4Furthermore, they challenged the authenticity of the 1985 Medical Memo, stating such internal documents are never provided to employees
Source reference: p. 3Issues
1. Whether a request for the alteration of a date of birth can be entertained after the retirement of the employee
Source reference: p. 32. Whether unauthenticated documents like a Casual Labour Card or a Medical Memo in the possession of an employee can override official Service Book entries and a personal affidavit
Source reference: p. 4Law Applied
The Tribunal applied the settled principle of service jurisprudence that any request for the alteration of a date of birth must be made within a reasonable timeframe, generally within the first five years of joining service
Source reference: p. 3The court further relied on the principle that official entries in a Service Book, supported by a self-sworn affidavit of the employee, carry higher evidentiary value than unauthenticated internal departmental documents or documents produced as an afterthought following retirement
Source reference: p. 4Reasoning
The Tribunal observed that the applicant allowed his entire career to pass—spanning over three decades—without once challenging the 05.05.1957 date of birth recorded in his service records
Source reference: p. 4It held that this prolonged silence implied an acceptance of the recorded date
Source reference: p. 4Regarding the evidence, the Tribunal found the 1985 Medical Memo produced by the applicant to be of doubtful authenticity because such documents are internal to the department and not typically handed to employees
Source reference: p. 4In contrast, the respondents produced primary evidence including the Departmental Service Book and an affidavit from the applicant himself, both consistently stating the 1957 date
Source reference: p. 4The Tribunal reasoned that in the absence of a Matriculation Certificate or other primary proof, the applicant's claim, raised only after retirement (via representations in 2017 and 2019), was a mere afterthought and legally insufficient to override long-standing official records
Source reference: p. 4Holding
The Tribunal dismissed the Original Application, holding it to be completely devoid of merit
It concluded that there was no reason to interfere with the respondents' decision to retire the applicant based on the date of birth (05.05.1957) recorded in the Service Book
Source reference: p. 4The prayer for reinstatement and correction of date of birth was denied. No order as to costs was made
Source reference: p. 4Original Court PDF
NARAYANvsRAILWAY
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