Correction of Date of Birth in Service Records: Supreme Court’s Landmark Decision

The Supreme Court of India, in the case of Bharat Coking Coal Ltd. & Ors. v. Shyam Kishore Singh, addressed a significant legal issue regarding the correction of an employee’s date of birth in service records. The ruling provided clarity on whether such corrections can be made at the fag end of an employee’s career and the procedural requirements for making such claims.

Background of the Case

The respondent, Shyam Kishore Singh, was appointed as a trainee dozer operator in Bharat Coking Coal Ltd. (BCCL) on February 27, 1982. Upon joining, his date of birth was recorded as March 4, 1950, in the company’s service register. However, he later claimed that his actual date of birth was January 20, 1955, as per his matriculation certificate.

Despite being in service for over 25 years, the respondent raised the issue of correcting his date of birth in 2009, just before his scheduled retirement in March 2010. BCCL rejected the request, leading him to file a writ petition before the Jharkhand High Court. The Single Judge ruled in his favor, directing BCCL to correct the date of birth. This decision was later modified by the Division Bench, which limited the benefits payable to him.

Key Legal Issues

Can an employee seek correction of the date of birth in service records after working for over two decades?
Is a matriculation certificate conclusive proof of date of birth?
Did the Jharkhand High Court err in directing BCCL to correct the service record?

Arguments by the Parties

Arguments by the Appellant (Bharat Coking Coal Ltd.)

The respondent never raised any issue regarding his date of birth for more than 25 years.
His date of birth was recorded as March 4, 1950, at the time of joining, and he had accepted it throughout his career.
The correction was sought only at the fag end of service, which is impermissible under service jurisprudence.
As per company policy, date of birth once entered in service records cannot be changed unless disputed within a reasonable time.

Arguments by the Respondent (Shyam Kishore Singh)

His actual date of birth was January 20, 1955, as per his matriculation certificate.
The company, on verification, confirmed that the matriculation records reflected this date.
The error in service records should not be held against him, and he was entitled to correction.
The High Court rightly directed the correction and payment of benefits for the additional service tenure.

Supreme Court’s Observations

The Supreme Court, comprising Justices R. Banumathi and A.S. Bopanna, examined the relevant legal principles regarding the correction of date of birth in service records.

1. Delay in Seeking Correction

The Court emphasized that an employee cannot be allowed to seek correction at the fag end of service. It stated:

“If a particular date of birth is entered in the service register, a change cannot be entertained after accepting it to be correct during the entire service period.”

2. Matriculation Certificate as Proof

While a matriculation certificate is generally considered a reliable proof of date of birth, the Court held that it must be produced at the time of joining service for consideration:

“A matriculation certificate, if not relied upon at the time of employment, cannot be used at the end of service to override existing service records.”

3. Prior Judicial Precedents

The Court relied on various precedents, including:

State of Maharashtra v. Gorakhnath Sitaram Kamble (2010) 14 SCC 423 – Courts should not entertain correction of date of birth at the fag end of service.
Union of India v. Harnam Singh (1993) 2 SCC 162 – Delay in raising a grievance bars relief.
State of M.P. v. Premlal Shrivas (2011) 9 SCC 664 – Even with good evidence, a correction cannot be claimed as a right.

Final Judgment

The Supreme Court set aside the Jharkhand High Court’s ruling and held:

The respondent’s request for correction was barred by delay and could not be entertained.
Service records reflecting March 4, 1950, should remain final.
The benefits granted by the High Court were revoked.

Key Takeaways

Correction of date of birth cannot be sought after decades of service.
A matriculation certificate is not conclusive if not presented at the time of joining.
High Courts must consider service jurisprudence before ordering corrections.
Employers have a right to rely on service records as final proof.

Conclusion

The Supreme Court’s ruling in Bharat Coking Coal Ltd. & Ors. v. Shyam Kishore Singh reinforces the principle that employees cannot seek correction of date of birth at the fag end of service. This decision ensures that government and public sector organizations have stability in service records and prevents misuse of correction procedures.

Petitioner Name: Bharat Coking Coal Ltd. & Ors..
Respondent Name: Shyam Kishore Singh.
Judgment By: Justice R. Banumathi, Justice A.S. Bopanna.
Place Of Incident: Jharkhand.
Judgment Date: 05-02-2020.

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