G.M. BHARAT COKING COAL LTD., WEST BENGAL versus SHIB KUMAR DUSHAD AND ORS.

G.M. BHARAT COKING COAL LTD., WEST BENGAL versus SHIB KUMAR DUSHAD AND ORS.

The High Court erred in interfering with the employer's determination of the respondent's date of birth, made after following prescribed procedures and absent any evident arithmetical or typographical error. Correction of date of birth in service records should not be entertained in writ jurisdiction, especially when sought at the verge of retirement without clinching evidence.

Parties
Appellant: G.M. Bharat Coking Coal Ltd., West Bengal; Respondent: Shib Kumar Dushad
Jurisdiction
India
Judgment Date
02 November 2000
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order of the Calcutta High Court
Outcome
Appeal allowed
Legal Topics
Date of Birth Correction, Superannuation, Writ Jurisdiction Under Article 226, Service Records, Employment Under Mines Act
Service Law Date of Birth Correction Superannuation Writ Jurisdiction Under Article 226 Service Records Employment Under Mines Act

Case Brief

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Parties

G.M. Bharat Coking Coal Ltd., West Bengal

Appellant

Shib Kumar Dushad

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order of the Calcutta High Court

Legal Issues

  1. 1 Whether High Court should interfere with employer's decision regarding date of birth correction made long after joining service
  2. 2 Whether certificates obtained after service entry are conclusive for date of birth determination
  3. 3 Appropriateness of High Court's exercise of jurisdiction under Article 226 for correction of date of birth in service records

Ratio Decidendi

The High Court erred in interfering with the employer's determination of the respondent's date of birth, made after following prescribed procedures and absent any evident arithmetical or typographical error. Correction of date of birth in service records should not be entertained in writ jurisdiction, especially when sought at the verge of retirement without clinching evidence.

Court Disposition

Appeal allowed

Orders

  • Judgment of the single Judge and Division Bench of Calcutta High Court set aside
  • Writ petition dismissed