In an order, Allahabad High Court stated that the date of birth recorded in a service book is binding on both employer and employee, and it can’t be changed after retirement.
Hon’ble Justice JJ Munir passed this order in a plea filed by one Bachchan Singh.
In the instant case, the petitioner retired as a Collection Admin on 31st October 2015. As per the service book, his date of birth was 10th October 1955. He earned his high school certificate in 1968 from the UP Board.
It was submitted that the petitioner had been drawing pension since 2015, and by order of SDM dated 21th March 2021, based on the High School certificate, the petitioner’s date of birth was held to be 10.10.1950.
As per the petitioner’s counsel, the employee’s date of birth in the service book binds the employee and the employer and can’t be changed after retirement. In this case, the employer was trying to change the employee’s date of birth after retirement.
Observations of the Court:-
The Court held that the employer looked into pre-high school records of the employee and redetermined the employee’s date of birth went against service book, therefore, such an act was not correct as per law.
The Bench allowed the petitioner to implead the Sub-Divisional Magistrate who had passed the impugned order.
Hon’ble Court issued notice to the Magistrate and asked him to appear in his capacity to explain why he passed such a perverse order. The Court held that the time petitioner worked extra should have been compensated, and such money cannot be recovered by Article 23 of the constitution.
Lastly, the Court ruled that those issued orders were prima facie illegal, and the balance of convenience is in favour of the petitioner. Therefore, if a retired employee were asked to refund around 28 lakhs, it would cause him irreparable harm.
The Court stayed the order passed by the Sub-Divisional Magistrate and ordered that no recovery be made from the petitioner until the Court’s order.dob-cannot-be-changed-after-retirement