Employer Can't Alter Recorded D.O.B. Of Government Employee Beyond Prescribed 5-Year Period From Date Of Initial Appointment : Calcutta HC

Background Facts

The petitioner joined her employment in the year 1987 after submission of all the relevant records and documents. The employer issued identity card in favour of the petitioner. The date of issuance was April 8, 2005 which showed that the date of birth of the petitioner was recorded as October 16, 1967, also which was correct as per the petitioner. The employment of the petitioner became permanent in the year 2009. The necessary service book was prepared and maintained by the employer since then. For the first time in 2024 at the time of scrutiny of the service book, the employer found out that the date of birth of the petitioner was to be October 16, 1965 instead of October 16, 1967.

Accordingly, the employer changed the date of birth in the service book to be as October 16, 1965 after obtaining an approval from the DIG of Correctional Services. Aggrieved by it, the petitioner filed a plea to accept her date of birth to be October 16, 1967. The Special I.G. of Correctional Service passed its order dated September 24, 2024, relying upon the Government Memorandum dated January 24, 2012, whereby it was held that the prayer for change in Date of Birth was considered and rejected on the ground of limitation on time period of five years from the date of joining, during which any prayer for change in date of birth of a Govt. employee can be entertained.

Aggrieved by the same, the petitioner filed the writ petition.

It was submitted by the petitioner that, at the time of appointment the petitioner had disclosed and submitted all the necessary records where upon due scrutiny and verification was held and only then the petitioner was appointed. The petitioner was also made permanent on the basis of such records and the service book was also prepared accordingly.

Referring to the memorandum dated January 24, 2012 issued by the State, it was submitted by the petitioner that the State has provided a time frame for a period of five years from the joining in the Government service, for any correction to be made. It was further stated that the petitioner came to know about the dispute regarding her date of birth from the communication dated January 3, 2024 which was few decades after the joining of service. Therefore, it was contended that the Government Order/Memorandum would not apply. Lastly, it was contended by the petitioner that the reasons rejecting the plea to accept the date of birth of petitioner to be October 16, 1967 were bad in law and should be set aside.

On the other hand, the state in support of its action, submitted a report dated April 2, 2025 issued by the Officer-in Charge, Law Cell, Directorate of Correctional Services, which provided discrepancy regarding the date of birth of the petitioner:

“In the Primary School Leaving Certificate submitted by the Petitioner issued on 16.11.1985 by the Head Master of Akhlakhi Free Primary School, the date of birth of Smt. Sabita Sen Kundu is 16.10.1967.

Another Primary School Leaving Certificate was issued on 12.06.2001 by the Head Master of Akhlakhi Free Primary School wherein the date of birth of the Petitioner is recorded as 16.10.1965.

Another Primary School Leaving Certificate submitted by the petitioner which was issued on 08.09.2020 by the Head Master of Akhlakhi Free Primary School, the date of birth of Sabita Sen Kundu is recorded as 16.10.1967.

In the Police Verification Roll which was verified by the Superintendent of Police during the year 2021, the date of birth of the Petitioner is 16.10.1967.”

It was further submitted by the state that the multiple sets of records were produced by the petitioner and after scrutiny of those records, the authority came to a finding that the recording of date of birth to be as October 16, 1967 should not have been done, as the contrary record showed the same to be October 16, 1965.

Findings of the Court

It was observed by the court that the Government Memorandum dated January 24, 2012, stated that, if anybody seeks correction of recording of date of birth such prayer has to be made within the period of five years from the joining in the Government service. Therefore, it was observed by the court that after decades of joining in the service the petitioner for the first time from the communication dated January 3, 2024, came to know about the dispute with regard to recording the date of birth raised by the employer. Therefore, the employer's action in altering the date of birth beyond the prescribed five-year period from the commencement of service was improper.

It was held by the court that the impugned communication dated September 24, 2024 was bad in law. Therefore, it was set aside and quashed by the court. The respondent and jurisdictional authority was directed by the court to record the Date of Birth of the petitioner as October 16, 1967 wherever it was required to be recorded in the service record of the petitioner. Further it was held by the court that the retirement of the petitioner shall take place on the basis of the Date of Birth being October 16, 1967 and the relevant calculation of terminal benefits should accordingly be done.

With the aforesaid observations, the writ petition was allowed.

Case Name : Sabita Sen v. State of West Bengal & Ors.

Case No. : W.P.A. 4656 of 2025

Counsel for the Petitioner : Anirban Bose, Chandrachur Biswas, Satyajit Senapati

Counsel for the Respondents : Jhuma Chakraborty, Munmun Tewary

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