The Union Of India v. Bali Ram Thakur

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16077 of 2021 =================================================== === 1.

The Union of India through the General Manager, East Central Railway, Hajipur, P.O. - Digghi Kala, P.S.- Hajipur (Town), DistrictVaishali at Hajipur, Pin Code - 844101 (Bihar). 2.

The General Manager (Personnel), East Central Railway, Hajipur, P.O.- Digghi Kala, P.S.- Hajipur (Town), District Vaishali at Hajipur, Pin Code - 844101 (Bihar).

3.

The Chief Medical Director, East Central Railway, Hajipur, P.O.- Digghi Kala, P.S.- Hajipur (Town), District - Vaishali at Hajipur, Pin Code - 844101 (Bihar).

4.

The Divisional Railway Manager, East Central Railway, Sonepur, P.O and P.S.- Sonepur, Saran, Pin Code - 841101 (Bihar). 5.

The Senior Divisional Personnel Officer, East Central Railway, Sonepur, P.O. and P.S. Sonepur, Saran, Pin Code- 841101 (Bihar). 6.

The Chief Medical Superintendent, East Central Railway, Sonepur, P.O. and P.S. Sonepur, Saran, Pin Code- 841101 (Bihar). 7.

The Senior Divisional Financial Manager, East Central Railway, Sonepur, P.O. and P.S.- Sonepur, Saran, Pin Code- 841101 (Bihar). 8.

The Divisional Medical Officer, (Dental), East Central Railway, Muzaffarpur, Pin Code- 842001 (Bihar).

9.

Dr. Shaligram Choudhary, Divisional Medical Officer, East Central Railway, Muzaffarpur, Pin Code - 842001 (Bihar).

10. Shri Shailesh Kumar Sinha, Health Inspector- Cum-Inquiry Officer, East Central Railway, Muzaffarpur, Pin Code- 842001 (Bihar). ... ... Petitioner/s

Versus

Bali Ram Thakur Son of Late Ashwani Kumar Thakur, Substitute Safaiwala, under Chief Health Inspector, East Central Railway, Muzaffarpur (Bihar).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Anand Kumar For the Respondent/s :

Mr.Pradeep Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 08-08-2024

Patna High Court CWJC No.16077 of 2021 dt.08-08-2024 2/3 Ref: CWJC No. 16076 of 2021, CWJC No.16077 of 2021 and CWJC No. 16208 of 2021 In these three writ petitions, core issue involved in the lis is whether date of birth of the Respondent could be altered by the petitioner/Department at this distant of time or not?

2. Perusal of each of the service book, it is evident that date of birth in respect of Dina Kumar it is entered as 10.01.1976 , Bali Ram Thakur date of birth is 25.05.1972 and Om Narayan Singh date of birth is 05.02.1973. Perusal of the service book, it is evident that such entries are stated to have been made in the year 2003. This cannot be altered either by the Railway employee or by the employerPetitioners after lapse of these many years. In other words, principle laid down by the Hon'ble Supreme Court and other courts time and again held that date of birth correction cannot be carried by an employee or an employer at fag end of employee service. Identical matter we have taken a decision in CWJC No.16074 of 2021 decided on 02.07.2024 while following order passed in CWJC No. 15995 of 2021 decided on 02.07.2024. Moreover, the

Patna High Court CWJC No.16077 of 2021 dt.08-08-2024 3/3 Hon'ble Supreme Court in the case of Shankar Lal vs. Hindustan Copper Ltd. and Ors. reported in 2022 SCC Online SC 475 held that employer cannot alter the date of birth at the fag end of the service of employees. Accordingly, the Petitioners have not made out a case. Writ petitions stands dismissed.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) vashudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.08.2024 Transmission Date NA