Facts
The applicant, Jagdish Prasad Gupta, was appointed as an EDDA in 1977 and was working as GDS/ABPM.
Source reference: no citationA retirement list issued on December 5, 2019, indicated his retirement on October 31, 2020, based on a date of birth (DOB) of November 1, 1955.
Source reference: p.2The applicant contended that his correct DOB was November 27, 1958, which would make him eligible for retirement on November 30, 2023.
Source reference: p.2He submitted a representation on December 24, 2019, protesting the incorrect DOB.
Source reference: p.3In response, he was asked to submit documents in proof of his DOB via a letter dated July 19, 2011 (Annexure R-2).
Source reference: p.3The applicant provided a certificate from the Headmaster, Junior High School, Pali, dated December 30, 2006, stating his DOB as November 27, 1958.
Source reference: p.3Despite this, Respondent No. 3 issued an order on October 5, 2020, directing his retirement on October 31, 2020.
Source reference: p.3The respondents stated that the applicant's DOB was recorded as November 1, 1955, in the divisional gradation list published on July 1, 2013, and that he failed to provide a valid certificate like a mark sheet, initial joining charge report, or appointment letter for correction despite being asked in 2011.
Source reference: p.4, p.5Issues
Whether the applicant is entitled to correction of his date of birth in service records at the fag end of his career.
Source reference: p.6, p.9Whether the certificate from the Headmaster provided by the applicant is a valid document to ascertain his correct date of birth for service records.
Source reference: p.6Law Applied
Objections to the date of birth recorded at the time of appointment must be raised promptly, not at the "fag end of service".
Source reference: Burn Standard Co. Ltd. v. Dinabandhu Majumdar, AIR 1995 SC 1499: 1995 (4) SCC 172, p.6Evidence produced subsequently is of no avail if no attempt was made to correct the service record while in service.
Source reference: State of Orissa and Ors. v. Ramnath Patnaik, AIR 1997 SC 2452, p.7An employee cannot be allowed to raise a dispute regarding the correction of his date of birth at the fag end of his career.
Source reference: Hindustan Lever Limited v. S.M. Jadhav and Anr., 2001 (2) E.S.C. 338 (SC.): AIR 2001 SC 1665, p.7No dispute regarding DOB correction should be permitted after a long time joining service unless based on typographical or arithmetical error.
Source reference: General Manager, Bhawani Cooking Coal Limited, West Bengal v. Shib Kumar Dushad and Ors., (2000) 8 SCC 696, p.7The date of birth recorded in the service record governs the date of superannuation.
Source reference: Bhupendra Nath Chatterjee v. State of Bihar, AIR 1977 SC 746, p.8Belated applications for alteration made after unexplained and inordinate delay, on the eve of retirement, should be scrutinized carefully and interference made sparingly.
Source reference: Union of India v. Kantilal Hematram Pandiya (1995) 3 SCC 17: AIR 1995 SC 1349, p.8Long delay and laches make such claims unentertainable.
Source reference: Chief Medical Officer v. Khadeer Khadri AIR 1995 SC 850: (1995) 2 SCC 82; Union of India v. Ram Suia Sharma, (1996) 7 SCC 421, p.9Reasoning
The court applied the established legal principle that corrections to the date of birth in service records cannot be sought at a belated stage, especially at the fag end of one's career.
Source reference: p.7, p.8, p.9The applicant's attempt to correct his DOB in 2019, just before his scheduled retirement, after nearly 42 years of service since his appointment in 1977, was deemed an "afterthought".
Source reference: p.6, p.7The court noted that the applicant was informed about the recorded DOB in the 2013 gradation list and was asked in 2011 to provide valid documents like a mark sheet, initial joining report, or appointment letter for any correction, which he failed to do.
Source reference: p.4, p.5The certificate from the Headmaster, stating the DOB was recorded at the time of admission, was considered insufficient and not a valid document to ascertain the correct date of birth.
Source reference: p.6The court explicitly referenced numerous Supreme Court judgments reinforcing the principle against entertaining belated claims for DOB correction due to acquiescence, undue delay, and laches.
Source reference: p.6, p.7, p.8, p.9Holding
The court concluded that, in light of the inordinate delay and the established legal precedents against belated claims for correction of the date of birth, the applicant is not entitled to any relief.
The applicant's request for correction of his date of birth was effectively rejected due to the extreme delay in raising the issue and the lack of a proper valid document to substantiate his claim against the official records.
Source reference: p.6, p.9The Original Application No. 711/2020 was accordingly dismissed without any order as to costs.
Source reference: p.9Original Court PDF
Jagdish Prasad GuptavsUnion of India [O.A.No. 200/00711/2020]
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