Says Once Same Is Accepted By Employer, It Can’t Be Altered Without Hearing Him, Or Holding Enquiry
By M Ahmad
Srinagar- Observing that great sanctity is attached to the entry of date of birth recorded in the service records of a government servant, the High Court of J&K and Ladakh has said that the same cannot be altered by the employer without giving such employee an opportunity of hearing or else hold an enquiry in the matter.
A bench of Justice Javed Iqbal Wani made the observations while allowing a petition filed in 2017 by one Prithpal Singh but died on 26 February 2021 and later his legal heirs were brought on record.
In his plea, late Singh had challenged order by virtue of which the State retired him from the State Road Transport Corporation where he worked as driver on 31 August 2003. According to the petition, Singh came to be engaged as a driver on 19 February 1986 and upon his appointment, his age came to be recorded in the service book as of 28 years on 10 July 1985 on the basis of age certificate issued by Chief Medical Officer, Baramulla as he was not possessed of any academic qualification.
It was contended that on the basis of the date of birth recorded in the service book by the corporation, Singh had to retire in 2017 upon attaining the age of 60 years and that the authorities issued the order suggesting the year of retirement of Singh as 2003.
“Under service jurisprudence, every newly appointed person to a service or post under the Government at the time of appointment has to declare his/her date of birth by Christian Era with conformity documentary evidence,” the court said. The date of birth recorded in the service records consequently becomes the basis for superannuation and the date of birth so declared by such person at the time of appointment has to be accepted by the appointing authority on production of conformity documentary evidence, the court said.
“Thus, once a date of birth of a government servant is recorded in his service records having been declared by such government servant and accepted by the appropriate authority, same cannot be altered by the concerned authority except in the case of a clerical error and though, an appropriate authority reserves the right to make the correction in the record of the government servant at any time against the interests of the government servant when it is satisfied with the age recorded in the service record of such government servant is incorrect and has been so incorrectly recorded with the object that the said government servant may derive some unfair advantage therefrom”.
Therefore, the court said, a great sanctity is attached to the entry of date of birth recorded in the service records of a government servant at the time of his first appointment and a government servant acquires a right to continue in the service till the attaining of age of retirement, unless such service is dispensed with on other grounds in accordance with rules.
“Thus, once a date of birth of an employee is recorded and accepted by the employer, the same cannot be altered by the employer without giving such an employee an opportunity of hearing or else to hold an enquiry in the matter,” the court said and quashed the order against Singh.
Consequently, the court commanded the authorities to release all service benefits including pensionary/retiral benefits to the legal heirs in accordance with law while treating the deceased to have superannuated on 10 July 2017.
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