Facts
The applicant was initially engaged as a part-time C.P. Mali in 1988, eventually becoming a full-time worker and being appointed as Multi-Tasking Staff (M.T.S.) in 2022.
Source reference: p. 2The respondents issued a retirement memo on 22.01.2024, superannuating the applicant effective 31.01.2024 based on his recorded date of birth (DOB) of 07.01.1964.
Source reference: p. 2-3The applicant challenged this order, claiming his actual DOB was 01.07.1970 based on a school leaving certificate, PRAN records, and an identity card issued in 2020.
Source reference: p. 2, 5The respondents argued that departmental records, including a 1996 certificate and a 2006 seniority list, consistently reflected the 1964 date.
Source reference: p. 3, 7Verification by the Block Education Officer revealed that the school which reportedly issued the applicant's certificate was only recognized in 2005 and closed in 2018, making the verification of the applicant's purported 1970s-era records impossible.
Source reference: p. 6-7Issues
1. Whether the impugned retirement order dated 22.01.2024, based on the recorded date of birth in official service records, is legally sustainable.
Source reference: p. 1-22. Whether an employee is entitled to seek the correction of their date of birth at the "fag end" of their service career.
Source reference: p. 8Law Applied
The Tribunal applied the settled principle of service jurisprudence that the date of birth recorded at the time of entry into service attains finality and cannot ordinarily be altered at the "fag end" of a career to secure an extension of service.
Source reference: p. 8It relied on the Supreme Court of India precedents in State of M.P. v. Premlal Shrivas (2011) and LIC of India v. R. Basavaraju (2016), which mandate that any claim for DOB correction must be supported by unimpeachable and contemporaneous documentary evidence.
Source reference: p. 8Reasoning
The Tribunal reasoned that the applicant's official records, including the 2006 seniority list and 2022 promotion minutes, consistently recorded his DOB as 07.01.1964.
Source reference: p. 7The applicant failed to dispute these entries for decades, only raising the issue just prior to his superannuation.
Source reference: p. 7The Tribunal found the applicant's evidence—specifically the school leaving certificate—to be highly doubtful because the issuing institution did not have recognition during the period the applicant claimed to have studied there.
Source reference: p. 7The Tribunal noted that it cannot conduct a "roving enquiry" into disputed facts when departmental records have been consistently maintained.
Source reference: p. 8Since the request for correction was made at the end of the applicant's career without cogent evidence, the Tribunal determined the claim was a maneuver to secure an undue extension of service.
Source reference: p. 8Holding
The Tribunal dismissed the Original Application, holding that the applicant failed to establish any legally sustainable ground to interfere with the retirement order.
The court held that the respondents’ action in retiring the applicant on his recorded date of superannuation was neither arbitrary nor illegal.
Source reference: p. 9All pending applications were disposed of with no order as to costs.
Source reference: p. 9Original Court PDF
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