Case Note & Summary
The petitioner, Bhimrao Sadashiv Bhagat, was appointed as a Clerk in the Wardha District Central Co-operative Bank Limited (respondent No.1) on 01.07.1989. At the time of joining, his date of birth was recorded as 20.08.1960 in the Bank's records, leading to a retirement date of 19.08.2018. However, his actual date of birth was 06.12.1963, as per the Collector's office record, which would result in retirement on 05.12.2021. The petitioner realized the discrepancy and immediately requested correction via letter dated 28.01.1991 to the Bank's Manager, within five years of joining service, and sent a reminder on 25.09.1992. He also provided a certified copy of the birth entry from the Collector's office. Despite these efforts, the Bank took no action. The petitioner then filed a writ petition seeking correction of his date of birth and grant of retirement benefits as per the Bank's by-laws. The Court considered the petitioner's timely request and the supporting documentary evidence. The Court held that the petitioner had made a timely request within the permissible period and the Bank's inaction was unjustified. The Court directed the respondent Bank to correct the petitioner's date of birth to 06.12.1963 in the service record and to grant him retirement benefits in accordance with the by-laws, considering the corrected date of birth. The petition was allowed with no order as to costs.
Headnote
A) Service Law - Correction of Date of Birth - Entitlement to Retirement Benefits - The petitioner sought correction of his date of birth from 20.08.1960 to 06.12.1963 in the service record of the respondent Bank, which was a co-operative society. The Court held that the petitioner had made a timely request within five years of joining service, supported by a certified copy of the birth entry from the Collector's office, and the Bank's failure to act was unjustified. The Court directed the Bank to correct the date of birth and grant retirement benefits accordingly. (Paras 1-6) B) Co-operative Law - By-laws - Retirement Benefits - The respondent Bank, being a co-operative society, was bound by its by-laws regarding retirement benefits. The Court held that the petitioner was entitled to retirement benefits in accordance with the by-laws, considering the corrected date of birth. (Paras 2-6)
Issue of Consideration
Whether the petitioner is entitled to correction of his date of birth in the service record of the respondent Bank and consequential retirement benefits as per the by-laws of the Society.
Final Decision
The petition is allowed. The respondent No.1 Bank is directed to correct the date of birth of the petitioner from 20.08.1960 to 06.12.1963 in the service record and to grant retirement benefits to the petitioner in accordance with the by-laws of the Society considering the corrected date of birth. No order as to costs.
Law Points
- Correction of date of birth in service record
- Retirement benefits
- Co-operative societies
- By-laws
- Limitation for correction within five years of joining service
