The Supreme Court has reiterated that an employee who is nearing the end of their career cannot request a change to their date of birth in their service records.
A division bench of Justice V Ramasubramanian and Justice Pankaj Mithal was hearing a special leave petition filed by South Eastern Coalfields Ltd. challenging a Bombay High Court order which allowing an employee’s date of birth to be changed.
The bench refused to consider the Public Sector Undertaking appeal, noting that “it is clear that any request for change of date of birth cannot be made after a long wait and especially towards the conclusion of an employee’s career,” taking into account the unique conditions of the case.
At the time of the employee’s appointment, the date of birth was appropriately entered. Unfortunately, the aforementioned entry was changed without his knowledge, and he only discovered this in 2001.
When he began corresponding with the petitioners, the Deputy Regional Manager issued a letter on September 19, 2011. This letter confirms that the date of birth listed on the service record was incorrect.
Given these facts, the Court declined to interfere with the High Court’s order.
The fact that the employee has only ten days of service left convinced the Court not to hear the petition.
The bench dismissed the petition and stated, “However, we explain the law that the employees cannot come up from their slumber after a long time and seek adjustment of date of birth near the fag end of their tenure.”
