Binod Mishra v. State Fisheries Development Corporation Limited
2015-05-11
SANJIB BANERJEE
body2015
DigiLaw.ai
JUDGMENT : The facts pertaining to the matter have been recorded in previous orders and now a report has been filed by the Chief Accounts Officer of the State Fisheries Development Corporation Limited pursuant to the previous direction of April 27, 2015. 2. The grievance of the petitioner is that the petitioner’s date of birth in his service book was altered from 1958 to 1955 without any notice to the petitioner. Upon the matter being taken up after affidavits, it was noticed on April 27, 2015 that since the matter turned on the veracity of the altered entry as to the petitioner’s date of birth in his service book, an appropriate investigation was required to be undertaken as to the circumstances in which such alteration was made. The Managing Director of the corporation was required to appoint a superior officer to inquire into the matter and file a report. 3. The report reveals that the two employees of the corporation in its administrative section, who are responsible for the records, were not aware of the circumstances in which the alteration was made. Such employees were questioned by the Chief Accounts Officer but they pleaded their ignorance. The report refers to the service book being opened and written on from the year 1997. The report says that the date of birth of the petitioner was recorded as per his statement and “later on during the discussion with the appointment committee (the petitioner’s year of birth) was decided as 1955 and accordingly the correction in service book was made.” 4. Once an entry has been made as to the date of birth of the employee in his service book, the same cannot be changed without reference to the concerned employee, whatever may be the grounds therefor. It is evident from the report that an unsubstantiated date of birth was originally entered in the service book which was subsequently perceived by the authorities to be erroneous and corrected. Though the original entry should not have been made without any verification, since such entry was made and it is evident that the alteration thereof was without notice to the petitioner, the change of the petitioner’s date of birth in the service book has to be disregarded.
Though the original entry should not have been made without any verification, since such entry was made and it is evident that the alteration thereof was without notice to the petitioner, the change of the petitioner’s date of birth in the service book has to be disregarded. As a consequence, the petitioner’s year of birth has to be taken as 1958 and the respondent authorities are directed to take appropriate steps to ensure that the petitioner continues in service with all applicable benefits till the appropriate date of his superannuation on the basis that his year of birth is 1958. 5. Since the petitioner has been shown to have retired from the service with effect from February 1, 2015 and the decision appears to be erroneous in view of this order, the petitioner will be entitled to all benefits subject to the petitioner forgoing a month of his leave on account of the petitioner not actually having been required to render any services between February 1, 2015 and today. 6. The petitioner should be permitted to join his post with immediate effect. 7. W.P.5985(W) of 2015 is allowed as above, without any order as to costs. Certified website copies of the order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.