Case Law Details
Bharat Coking Coal Ltd. & Ors. Vs Shyam Kishore Singh (Supreme Court of India)
This Court has consistently held that the request for change of the date of birth in the service records at the fag end of service is not sustainable. In the instant case, as on the date of joining and as also in the year 1987 when the respondent had an opportunity to fill up the Nomination Form and rectify the defect if any, he had indicated the date of birth as 04.03.1950 and had further reiterated the same when Provident Fund Nomination Form was filled in 1998. It is only after more than 30 years from the date of his joining service, for the first time in the year 2009 he had made the representation. Further the respondent did not avail the judicial remedy immediately thereafter, before retirement. Instead, the respondent retired from service on 31.03.2010 and even thereafter the writ petition was filed only in the year 2014, after four years from the date of his retirement. In that circumstance, the indulgence shown to the respondent by the High Court was not justified.
FULL TEXT OF THE SUPREME COURT JUDGEMENT
Leave granted.
2. The appellants are before this Court assailing the order dated 19.02.2019 passed by the Division Bench of the High Court of Jharkhand at Ranchi in LPA No.115 of 2018. Through the said order the Division Bench though has modified the judgment and order dated 13.10.2017 of the learned Single Judge insofar as the extent of relief granted, the contention of the respondent herein relating to the change of date of birth in the service records is accepted and a direction has been issued to the appellants to pay the sum equivalent to salary of one year for the period between the April, 2010 to March, 2011. The appellants thus being aggrieved are before this Court in this appeal.
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