The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2795 of 2025 Braja Bahllav Brahma …. Petitioner Mr. L.Samal, Advocate -versus- State of Odisha & Others …. Opposite Parties Mr. D. Lenka, AGA COROM: JUSTICE BIRAJA PRASANNA SATAPATHY
Decision
ORDER 29.01.2025 Order No 01. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel for the parties. 3. Memo containing the inquiry report submitted by the PA , ITDA, Nabarangpur dt. 18.12.2024 so produced in Court be kept in record. 4. The present Writ Petition is filed inter alia with the following prayer: It is therefore prayed that your Lordship’s would be graciously pleased to admit the writ petition and after hearing the counsels from both the sides issue Writ/Writs in the nature of Mandamus for a direction to the Opp. Party No.1 for correction of date of birth in the original service book of the Petitioner as 01.06.1965 as per the matriculation certificate of the Petitioner instead of 06.01.1965 which has been erroneously reflected in the Original Service Book. the date of birth mentioned in Further the petitioner prays that, necessary direction be issued to the Opp. Parties to allow the Petitioner to continue in his service till the actual date of his superannuation as per // 2 // matriculation certificate with all service and financial benefits. i.e. upto 31.05.2025 5. It is contended that in the HSC pass Certificate so issued by the Board of Secondary Education, Orissa under Annexure-3, the Date of Birth of the Petitioner is recorded as 01.06.1965. But while opening the Service Book of the Petitioner, the date of birth was wrongly recorded as 06.01.1965 under Annexure-2. 5.1. It is contended that even though such an entry in the Service Book was made in the year 1996, but the Petitioner under bona fide impression never verified the same for a pretty long period. However on coming across the wrong recording of his date of birth in the Service Book when he made a prayer to correct such clerical error with regard to recording of his date of birth in the Service Book, initially an inquiry was conducted by the Headmaster, Government (SSD) High School, Kodinga basing on the letter issued by the Collector-Opp. Party No. 3 under Annexure-5. Vide his letter dt.23.09.2024 and on enquiry, it was indicated that the date of birth of the Petitioner is 01.06.1965, which has been rightly recorded in the Matriculation certificate so issued by the Board under Annexure-3. 5.2. It is also contended that subsequently a further inquiry was made by the Project Director ITDA, Nabarangpur and vide his report dt.18.12.2024, it was also indicated that the date of birth of the Petitioner is 01.06.1965 and necessary permission be accorded to correct the same. Page 2 of 5 // 3 // 5.3. It is contended that on the face of such inquiry report submitted by the School under Annexure-6 and further inquiry report submitted by the Project Administrator on 18.12.2024, no step is being taken to correct such clerical error. It is also contended that if the date of birth is not corrected immediately, petitioner will be made to retire on 31.01.2025, taking his date of birth, so recorded wrongly in the service book. It is accordingly contended that appropriate direction be issued to Opp. Party No.2 to correct the date of birth of the Petitioner as 01.06.1965 in place of 06.01.1965 and allow the Petitioner to continue till he attain the age of superannuation. 6. Mr. D. Lenka, learned Addl. Govt. Advocate on the other hand contended that since such a wrong date of birth was recorded in the Service Book of the Petitioner in the year 1996 and the Petitioner is at the fag-end of his career and is due to retire on 31.01.2025, the prayer as made in the Writ Petition is not entertainable. Such a prayer to correct the date of birth at the fag end of the service career is not maintainable in view of the law governing the field. 7. Having heard learned counsel for the parties and considering the submission made, this Court finds that in the Matriculation Certificate issued by the Board, the date of the birth of the Petitioner is recorded on 01.06.1965. As found in the Service Book, the same date has been wrongly recorded as 06.01.1965. In view of the decision of this Court in the case of The Management of M/s. Tata Refractories Ltd. Vs. State of Odisha & Ors. (W.P.(C) No. 7252 of 2014) decided on 14.12.2022, further decision of Page 3 of 5 // 4 // this Court in W.P.C.(OAS) No. 50 of 2018 on 12.04.2024, date of birth recorded in the HSC pass certificate is to be taken as the date of birth for all purposes. The view taken by this Court in Para 5 of the order dtd.12.04.2024 reads as follows:- “5. Having heard learned counsel for the parties and after going through the materials available on record, this Court finds that Petitioner while entered into service as a Peon, he the HSC had not passed examination and in the service Book so opened under Annexure-8, his Date of birth was recorded as 12.07.1948. But as found from the HSC Pass Certificate issued by the Board under Annexure-1 as well as Transfer the School under Certificate Annexure-2, the date of birth of Petitioner is recorded as 12.07.1950. The said date of Birth was also recorded rightly in the Service Book opened in favour Page 8 of 9 of the petitioner under Annexure-4, after he joined as a Diaristcum-Typist on 15.02.1973. Placing reliance on the decision as cited supra, this Court is of the view that date of birth recorded in the HSC Pass Certificate is to be taken as the Date of birth for all purposes.” issued by 7.1. In view of the aforesaid analysis and placing reliance on the order passed on 12.04.2024 so reflected in the preceding Para and the enquiry report available under Annexure-6 and further enquiry report dt.18.12.2024 of P.A., ITDA, Nabarangpur, this Court is of the view that prayer of the Petitioner for correction of his date of birth is required to be done prior to his retirement. Therefore, this Court directs Opp. Party No.2 to correct the date of birth of the Petitioner as 01.06.1965 in the Service Book and allow him to continue till he attain the age of superannuation. Page 4 of 5 // 5 // The Writ Petition accordingly stands disposed of. Urgent certified copy of this order be granted in Course of the day. sangita (Biraja Prasanna Satapathy) Judge Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: high court of orissa, cuttack Date: 03-Feb-2025 13:30:17 Page 5 of 5