Case Note & Summary
The case pertains to a dispute regarding the correction of the date of birth in the service records of the respondent, Shyam Kishore Singh, who was employed as a Trainee Dozer Operator with Bharat Coking Coal Ltd. (the appellant) from 27.02.1982. The respondent's date of birth was recorded as 04.03.1950 in the service records from the date of his appointment. In 1998, he submitted a Provident Fund Nomination Form wherein he himself indicated his date of birth as 04.03.1950. In 2009, just before his retirement on 31.03.2010, the respondent made a representation seeking change of his date of birth to 20.01.1955 based on his matriculation certificate. The appellant declined the request. After retirement, the respondent filed a writ petition in 2014 before the Jharkhand High Court, which was allowed by the learned Single Judge, who directed correction of the date of birth and consequential benefits. The Division Bench modified the order, limiting the relief to payment of one year's salary. The appellant appealed to the Supreme Court. The Supreme Court examined the issue of whether a request for change of date of birth at the fag end of service is permissible. The Court noted that the respondent had accepted the recorded date of birth throughout his service, had himself indicated it in the nomination form, and did not seek correction when an opportunity was provided in 1987. The Court held that the request was not sustainable, as it was made after three decades and just before retirement. The Court relied on the principle that correction at the fag end must be discouraged as it affects other employees. The Court also noted that the writ petition was filed four years after retirement, suffering from delay and laches. The Supreme Court set aside the orders of the High Court and dismissed the writ petition.
Headnote
A) Service Law - Correction of Date of Birth - Fag-End Request - The respondent sought change of his date of birth from 04.03.1950 to 20.01.1955 after nearly three decades of service and just before retirement - The Supreme Court held that such a request at the fag end of service is not sustainable, especially when the employee had himself indicated the date of birth in various forms and did not seek correction when opportunities were available - The Court set aside the directions of the High Court and dismissed the writ petition (Paras 6-10). B) Service Law - Delay and Laches - Belated Claim - The respondent retired on 31.03.2010 but filed a writ petition in 2014 after four years - The Supreme Court held that the claim was barred by delay and laches, and the High Court ought not to have entertained the petition - The Court emphasized that any correction at the fag end must be discouraged as it affects other employees (Paras 7-9). C) Service Law - Date of Birth - Conclusive Evidence - The respondent had himself indicated his date of birth as 04.03.1950 in the Provident Fund Nomination Form in 1998 and did not seek correction during the opportunity provided in 1987 - The Supreme Court held that the employer's verification from the Bihar School Examination Board did not confer a right to correction, as the employee had accepted the recorded date of birth throughout his service (Paras 7-8).
Issue of Consideration
Whether the High Court was justified in directing correction of the date of birth in the service records of the respondent after his retirement, and whether the claim was barred by delay and laches.
Final Decision
The Supreme Court allowed the appeal, set aside the orders of the learned Single Judge and the Division Bench of the High Court, and dismissed the writ petition filed by the respondent.
Law Points
- Date of birth correction in service records cannot be sought at the fag end of service
- Request for change of date of birth must be made within reasonable time
- Employer's verification of claimed date of birth does not create a right to correction
- Delay and laches bar belated claims for correction of date of birth
