Jaynandan Yadav @ Jaynandan Singh v. Bharat Coking Coal Ltd. through its Chairman-cum-Managing Director, Dhanbad
2005-05-03
N.N.TIWARI
body2005
DigiLaw.ai
Order The prayer of the petitioner is to direct the respondents to correct the date of birth as per the service excerpts based on the certificate granted by the Bihar School Examination Board, Patna. 2. The petitioner's case is that his date of birth was recorded as 4.5.1952 in the service record. The said date of birth was also recorded in his matriculation certificate issued long back in the year 1969 by the Bihar School Examination Board, Patna. Subsequently, without giving any notice and behind him interpolation has been made in the Statutory Form-B Register whereby the date of birth of the petitioner has been wrongly shown as 1.10.1950. 3. The grievance of the petitioner is that without giving any notice and any opportunity of hearing, the said change has been arbitrarily and unilaterally made which has caused him serious prejudice, by shortening the tenure of his service about one and half years. 4. The respondents have contested the petitioner's claim by filing a counter affidavit, wherein it has been stated that the petitioner had declared his age as 20 years which was subsequently overwritten as 21 years in Form-B Register. It is doubtful that the matriculation certificate was produced at the time of employment. So far the service excerpts is concerned, there is no denial about the date of birth shown in the service excerpts as 4.5.1952. In their counter affidavit, the respondents have annexed a photo-copy of Form-B Register in which there is interpolation in the age column. 5. After hearing the parties and considering the materials on record, I find that in the service excerpts given to the petitioner signed by the officer of the respondents, the petitioner's date of birth has been clearly mentioned• as 4.5.1952. The said date of birth finds support by •the matriculation certificate issued by the Bihar School Examination Board, Patna. The petitioner was never given any notice before altering his date of birth. There is apparent interpolation in the column of the age of the petitioner. On the said overwriting, there is no signature of the petitioner or any authority. 6. In that view, there is no genuine ground for altering the entry of date of birth in service record different from the service excerpts (Annexure-2), which is also supported by the petitioner's matriculation certificate (Annexure-1).
On the said overwriting, there is no signature of the petitioner or any authority. 6. In that view, there is no genuine ground for altering the entry of date of birth in service record different from the service excerpts (Annexure-2), which is also supported by the petitioner's matriculation certificate (Annexure-1). The respondents are thus directed not to act upon any unilateral change in the service record Form-B Register and not to dispute the petitioner's date of birth recorded as 4.5.1952 in the service records, as the respondents cannot make such alteration, except by the procedure established by law. 7. This writ application is thus allowed in the above terms.