Employee Can't Seek Alteration Of Date Of Birth At Fag End Of Career : Supreme Court

The Supreme Court has reiterated that an employee cannot seek alteration of date of birth in the service records at the fag end of the career.

A bench comprising Justices V Ramasubramanian and Pankaj Mithal was hearing a special leave petition filed by South Eastern Coalfields Ltd challenging a Bombay High Court order which allowed the alteration of an employee's date of birth.

Observing "it is true that any request for alternation of date of birth cannot be made after a long delay and especially towards the end of the career of an employee", the bench however refused to entertain the PSU's petition having regard to the special facts of the case.

The employee's date of birth was correctly recorded at the time of his appointment. However, the said entry was altered without his knowledge and that he came to know about it in the year 2001. When he started corresponding with the petitioners, a letter was issued on 19.09.2011 by the Deputy Regional Manager. This letter records the fact that the date of birth indicated in the service record was scored off. 

In the light of these facts, the Court refused to interfere with the High Court order. The fact that the employee has only ten more days of service left also persuaded the Court to not entertain the petition.

"However, we clarify the law that the employees cannot wake up from their slumber after a long time and seek alteration of date of birth towards the fag end of their career", the bench clarified while dismissing the petition.

Case : General Manager South Eastern Coalfields vs Avinash Kumar Tiwari

Citation : 2023 LiveLaw (SC) 124

For Petitioner(s) Ms. Aishwarya Bhati, A.S.G. Mr. T. G. Narayanan Nair, AOR Mr. Ramesh Babu M.r., Adv. Ms. Manisha C., Adv.

For Respondent(s) Mr. Awanish Kumar, Adv. Mr. S.P. Dubey, Adv. Mr. Ankolekar Gurudatta, AOR

Service Law - Any request for alternation of date of birth cannot be made after a long delay and especially towards the end of the career of an employee-Employees cannot wake up from their slumber after a long time and seek alteration of date of birth towards the fag end of their career.

Click Here To Read/Download Order