MOHAN SINGH Vs. U P RAJYA VIDYUT UTPADAN

JUDGEMENT

(1.) This intra-Court appeal, under the Rules of the Court, arises from the order of the learned Single Judge dated 3rd November, 2011 dismissing the appellant's Writ Petition No. 62099 of 2011. We have heard learned counsel for the appellant.

(2.) The short question involved in this appeal is as to whether the date of birth recorded in the service book of an employee can be modified or changed at his instance after long lapse of time or at the fag end of his service.?

(3.) It appears that the appellant was appointed as a Contract Labour in the month of February, 1980 in the Central Store Division of Pariksha Thermal Power Corporation at Pariksha in the district of Jhansi (hereinafter referred to as the 'Corporation"). His date of birth in the service book was recorded as 5th November, 1951. However, in the Identity Card, his date of birth was mentioned as 6th November, 1962. The appellant claims that when he came to know in January 1991 that his date of birth in the service record is wrongly recorded as 5th November 1951 in place of 6th September, 1962, he moved an application on 15.2.1991 for correction of his date of birth. He further claims that pursuant to the said application, the authority concerned assured that necessary correction would be made in the service record, however, nothing was done. Thereafter, the appellant submitted various representations/reminders but all went in vain. The appellant, however, did not pursue the matter. Thereafter, the appellant was served with the notice dated 6th September, 2011 intimating him that as per service record, wherein his date of birth is mentioned as 5th November, 1951, he shall retire on 30th November, 2011 on completion of 60 years of age. The aggrieved appellant, therefore, filed the aforesaid writ petition for quashing the notice dated 6th September, 2011 on the ground, inter alia, that his real date of birth is 6th September, 1962 and as far back as in 1991, he made a request for correction of his date of birth but without correcting the same or disposing of his application, he has been served with the notice, impugned in the writ petition. The learned Single Judge, in the order has taken note of the fact that there is no denial by the appellant that his date of birth in the service book is recorded as 5th November, 1951, hence, he will attain the age of superannuation on 30th November, 2009 and his claim for continuance in service on the basis of the date of birth recorded in his Identity Card cannot be allowed. The learned Single Judge, therefore, relying on a judgment of Apex Court in the case of Burn Standard Co. Ltd. and others v. Shri Dinabandhu Majumdar and another, 1995 4 JT 23, wherein it has been held that the date of birth cannot be allowed to be changed at the verge of retirement, dismissed the writ petition. Hence, this appeal.