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2023 DIGILAW 1256 (JHR)

Om Prakash Singh v. Bharat Coking Coal Ltd. , represented through its Chairman-cum-Managing Director

2023-10-12

S.N.PATHAK

body2023
JUDGMENT : (Hon'ble Dr. Justice S.N. Pathak, J.) : Heard the parties. 2. Petitioner has approached this Court with a prayer for direction upon the respondents to make correction in his date of birth as per educational certificate of the petitioner or alternatively, the age of the petitioner be assessed by the Apex Medical Board in view of I.I. No. 76 of the NCWA. 3. As per the facts of case, initially on 19.12.1980, petitioner was appointed under the VRS Scheme in place of his father. While working as Driver at Bhagabandh Colliery, the petitioner had submitted application dated 14.09.2015 along with educational qualification certificate with a request to make correction in the date of birth recorded in the service excerpts of the petitioner but in spite of his several requests, the date of birth mentioned in the educational certificate has not been corrected and hence, he has knocked the door of this Court. 4. Learned counsel for the petitioner submits that the petitioner is entitled to get his date of birth corrected by the respondents on the basis of educational certificate produced by him and also the report received from Bihar School Examination Board and as such, a direction be given to the respondents to make suitable correction in the date of birth of the petitioner as per his educational certificate. 5. On the other hand, learned counsel for the respondent-BCCL submits that the petitioner has accepted his date of birth as mentioned in his service excerpts for all along his service career and only at the fag end of service, he is praying for a direction upon the respondents to make correction in the date of birth as per his educational certificate. Learned counsel submits that the said issue is no more res integra and in catena of decisions of the Hon’ble Apex Court as well as of this Hon’ble Court, it has been held that applications regarding corrections of date of birth cannot be entertained at the fag end of service career. Learned counsel submits that in the facts and circumstances, it is crystal clear that petitioner was not aggrieved by the date of the birth during the entire service period and it was only at the fag end of service, she has raised objection regarding correction of date of birth, which is not permissible in the eyes of law. 6. Learned counsel submits that in the facts and circumstances, it is crystal clear that petitioner was not aggrieved by the date of the birth during the entire service period and it was only at the fag end of service, she has raised objection regarding correction of date of birth, which is not permissible in the eyes of law. 6. Be that as it may, having gone through the rival submissions of learned counsel for the parties, this Court is of the considered view that no case is made out for interference in the instant writ petition for the following facts and reasons: (I) Admittedly, after appointment in 1980 under VRS Scheme, Petitioner accepted the date of birth mentioned in his service excerpts all along his service career and it was only in the year 2015 i.e at the fag end of service career, he made an application for correction in the date of birth based on the entry made in his educational certificate. (II) Nothing has been brought on record to show that at the time of appointment of the petitioner what was his date of birth and petitioner has also failed to bring on record the letter of appointment showing the date of birth as he was very much aware that in the letter of appointment, the correct date of birth was mentioned. (III) The Hon’ble Apex Court as well as this Court in catena of decisions has held that request for change of date of birth in service records at the fag end of service career is not permissible. In case of Secretary and Commissioner, Home Department & Ors. Vs. R. Kirubakaran, reported in 1994 Suppl. (1) SCC 155, the Hon’ble Apex Court has held as under: “7. An application for correction of the date of birth [by a public servant cannot be entertained at the fag end of his service]. It need not be pointed out that any such direction for correction of the date of birth of the public servant concerned has a chain reaction, inasmuch as others waiting for years, below him for their respective promotions are affected in this process. It need not be pointed out that any such direction for correction of the date of birth of the public servant concerned has a chain reaction, inasmuch as others waiting for years, below him for their respective promotions are affected in this process. Some are likely to suffer irreparable injury, inasmuch as, because of the correction of the date of birth, the officer concerned, continues in office, in some cases for years, within which time many officers who are below him in seniority waiting for their promotion, may lose their promotion forever. …According to us, this is an important aspect, which cannot be lost sight of by the court or the tribunal while examining the grievance of a public servant in respect of correction of his date of birth. As such, unless a clear case on the basis of materials which can be held to be conclusive in nature, is made out by the respondent, the court or the tribunal should not issue a direction, on the basis of materials which make such claim only plausible. Before any such direction is issued, the court or the tribunal must be fully satisfied that there has been real injustice to the person concerned and his claim for correction of date of birth has been made in accordance with the procedure prescribed, and within the time fixed by any rule or order. … the onus is on the applicant to prove the wrong recording of his date of birth, in his service book.” In case of State of Tamil Nandu Vs. T.V.Venugopalan, reported (1994) 6 SCC 302 , the Hon’ble Apex Court was clearly of the opinion that the government servant should not be permitted to correct the date of birth at the fag end of his service career. The Court, in very strong terms, observed as under:- ".....The government servant having declared his date of birth as entered in the service register to be correct, would not be permitted at the fag end of his service career to raise a dispute as regards the correctness of the entries in the service register. The Hon’ble Apex Court in the case of State of Maharashtra & Anr. v. Gorakhnath Sitaram Kamble & Ors., reported in (2010) 14 SCC 423 has held that: “16. The learned counsel for the appellant has placed reliance on the judgment of this Court in U.P. Madhyamik Shiksha Parishad Vs. The Hon’ble Apex Court in the case of State of Maharashtra & Anr. v. Gorakhnath Sitaram Kamble & Ors., reported in (2010) 14 SCC 423 has held that: “16. The learned counsel for the appellant has placed reliance on the judgment of this Court in U.P. Madhyamik Shiksha Parishad Vs. Raj Kumar Agnihotri [ (2005) 11 SCC 465 : 2006 SCC (L&S) 96]. In this case, this Court has considered a number of judgments of this Court and observed that the grievances as to the date of birth in the service record should not be permitted at the fag end of the service career. 17. In another judgment in State of Uttaranchal Vs. Pitamber Dutt Semwal [ (2005) 11 SCC 477 : 2006 SCC (L&S) 106] relief was denied to the government employee on the ground that he sought correction in the service record after nearly 30 years of service. While setting aside the judgment of the High Court, this Court observed that the High Court ought not to have interfered with the decision after almost three decades.” Further, the Hon’ble Apex Court reiterating the same view, in case of State of M.P. v. Premlal Shrivas, reported in (2011) 9 SCC 664 has held as under:- “8. It needs to be emphasised that in matters involving correction of date of birth of a government servant, particularly on the eve of his superannuation or at the fag end of his career, the court or the tribunal has to be circumspect, cautious and careful while issuing direction for correction of date of birth, recorded in the service book at the time of entry into any government service. Unless the court or the tribunal is fully satisfied on the basis of the irrefutable proof relating to his date of birth and that such a claim is made in accordance with the procedure prescribed or as per the consistent procedure adopted by the department concerned, as the case may be, and a real injustice has been caused to the person concerned, the court or the tribunal should be loath to issue a direction for correction of the service book. Time and again this Court has expressed the view that if a government servant makes a request for correction of the recorded date of birth after lapse of a long time of his induction into the service, particularly beyond the time fixed by his employer, he cannot claim, as a matter of right, the correction of his date of birth, even if he has good evidence to establish that the recorded date of birth is clearly erroneous. No court or the tribunal can come to the aid of those who sleep over their rights. 12. Be that as it may, in our opinion, the delay of over two decades in applying for the correction of date of birth is ex facie fatal to the case of the respondent, notwithstanding the fact that there was no specific rule or order, framed or made, prescribing the period within which such application could be filed. It is trite that even in such a situation such an application should be filed which can be held to be reasonable. The application filed by the respondent 25 years after his induction into service, by no standards, can be held to be reasonable, more so when not a feeble attempt was made to explain the said delay. There is also no substance in the plea of the respondent that since Rule 84 of the M.P. Financial Code does not prescribe the time-limit within which an application is to be filed, the appellants were duty-bound to correct the clerical error in recording of his date of birth in the service book.” In case of Union of India Vs. Harnam Singh [ (1993) 2 SCC 162 ], the Hon’ble Apex Court has held that, “No Court or the Tribunal can come to the aid of those who sleep over their rights”. (IV) Similar view has been expressed by the Hon’ble Apex Court in case of Bharat Coking Coal Ltd. & Ors. Vs. Harnam Singh [ (1993) 2 SCC 162 ], the Hon’ble Apex Court has held that, “No Court or the Tribunal can come to the aid of those who sleep over their rights”. (IV) Similar view has been expressed by the Hon’ble Apex Court in case of Bharat Coking Coal Ltd. & Ors. Vs. Shyam Kishore Singh, reported in (2020) 2 Supreme Today 189, wherein the Hon’ble Apex Court has held that, “request for change of the date of birth in the service records at the fag end of service is not sustainable.” (V) Time and again it has been held that if government servants sleep over their right and are not vigilant, the Court cannot come to their rescue/ aid and grant relief only because they were ignorant of the Rules. (VI) These decisions lead to a different dimension of the case that correction of date of birth at the fag end would be at the cost of large number of employees, therefore, any correction at the fag end must be discouraged by the Court. 7. As a sequitur to the aforesaid observations, rules, guidelines and judicial pronouncements, no case is made out for interference and hence, the writ petition being devoid of any merit, is hereby dismissed.