LAKHAN LAL YADAV v. BHARAT HEAVY ELECTRICALS LIMITED
2007-02-28
RAKESH TIWARI
body2007
DigiLaw.ai
RAKESH TIWARI, J. Heard Counsel for the parties and perused the record. 2. It appears from the impugned order dated 3-2-2007 that the petitioner moved the authority concerned vide letters dated 23-1-2007 and 27-1-2007 disputing his date of birth as 25-8-1951 in place of 8-4-1947. The impugned order dated 3-2-2007 has been passed in reply to the aforesaid letters in which it has been averred that after perusal of the personal file and the records of the petitioner his contention in the aforesaid two letters dated 23-1-2007 and 27-1-2007 is not correct. According to the service record the date of birth of the petitioner is 8-4-1947. It has further been averred in the aforesaid order dated 3-2-2007 that the petitioner has joined his services on 5-5-1977 and he submitted a declaration form on 25-7-1978 in which he has declared his date of birth as 8-4-1947 on the basis of Birth and Death Register maintained by the Gram Panchayat, Khelar. 3. It also appears from perusal of the impugned order dated 3-2-2007 that the date of birth of the petitioner has been recorded on the basis of Birth and Death Register maintained by the Gram Panchayat, Khelar and it was found that the date of birth of the petitioner as 8-4-1947 was correct and even in the attestation form submitted by the petitioner in 1979 his date of birth has been recorded as 8-4-1947 which has also been verified by the Estate Officer, BHEL, Jhansi. In the pension form dated 6-2- 1981 also the petitioner has given his date of birth as 8-4-1947. 4. The contention of the Counsel for the petitioner is that in Annexure-3 to the writ petition, which is a Identity Card issued by the BHEL, Jhansi and the Gate pass appended as Annexure-4 to the writ petition the date of birth of the petitioner is recorded as 25-8-1951 as such he is entitled to continue in service up to 25-8-2011. 5. This Court has held in a catena of decisions that Identify Cards and Gate pass are the documents, which are issued to the employee for the purpose of identification of an employee that he is an employee of the Corporation or a Factory or for the purpose of egress and ingress in the factory premises or whether he is authorized to work in the Corporation or in the Factory.
It is not a document for establishing the date of birth of the petitioner, hence if any incorrect date of birth is printed on the Gate pass or on the Identify Card it would not create any legal right in favour of the petitioner, once in the service records or in the service book the date of birth of the petitioner is recorded as 8-4-1947. 6. The further contention of the Counsel for the petitioner is that the Corporation has sent good wishes letters on 25-8-1991, 25-8-1995, 8-4-2001 and 8-4-2002 to the petitioner on his birthday on 25th August every year. Neither identify card, nor good wishes letters nor even gate pass are irrcorrigble documents, regarding proof of date of birth of the petitioner. 7. The petitioner claims himself to be an illiterate person, hence the entries made in his service records are taken to be as an authenticated document for the reason that the Corporation has got verified the same by its officers. The entries made in the service record are based upon the Birth and Death Register maintained by the Gram Panchayat, Kheral. 8. It may be noted that after joining the service the petitioner has not moved any application for correction of his date of birth. Now at the fag end of his retirement he has ragged up the matter on the basis of entries made on the Identify Card, Gate pass and good wishes letters issued by the Corporation on his birthday on 25th August every year. 9. Reliance placed by the Counsel for the petitioner on a certificate issued by the Chief Medical Officer, Jhansi on 23-11-2006 in which the date of birth of the petitioner has been endorsed as 55 years is also misplaced for the reason that the petitioner has got himself medically examined by the Chief Medical Officer on his own and not by any reference made by the Corporation for determination of his date of birth and there was no occasion for the petitioner to have got himself medically examined by the Chief Medical Officer. 10. Determination of date of birth by medical examination is done by a scientific method known as ossification test bones. The date of birth or age so determined by Ossification test of bones is also not very correct as there is margin of error limited to (plus-minus) two years. 11.
10. Determination of date of birth by medical examination is done by a scientific method known as ossification test bones. The date of birth or age so determined by Ossification test of bones is also not very correct as there is margin of error limited to (plus-minus) two years. 11. Furthermore, the U. P. Recruitment to Services Determination of Date of Birth Rules, 1974 which has come into force from 28th May, 1974 provides that the date of birth of a Government servant as recorded in the certificate of his having passed the High School or equivalent examination, or where a Government servant has not passed any such examination as aforesaid, the date of birth or the age recorded in his service book at the time of his entry into Government service, shall be deemed to be his correct date of birth or age, as the case may be for all purposes in relation to his service, including eligibility for promotion superannuation, premature retirement or retirement benefits and no application or representation shall be entertained for correction of such date or age in any circumstances whatsoever. 12. On the analogy of aforesaid Rules, 1974, since the petitioner has not passed High School Examination and is an illiterate person, date of birth recorded in his service book is to be treated as authentic. 13. Admittedly, the petitioner has entered in service on 25th July, 1977, i. e. , after the aforesaid Rules had come into force, hence he could not have moved any subsequent application for correction of his date of birth which has already been recorded in his service book on the basis of Birth and Death Registered maintained by the Gram Panchayat, Khelar. According to the aforesaid Rules, 1974 the date of birth of the petitioner cannot be changed in any circumstances that what has been recorded in the service book of the petitioner. 14. In the instant case, no rules have been brought to my notice whereby date of birth of the petitioner can be altered or corrected at the fag end of service. 15. For the reasons stated above, the writ petition is dismissed. No order as to costs. Petition dismissed. .