Patna High Court
The Union Of India vs Bali Ram Thakur on 8 August, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16077 of 2021
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1. The Union of India through the General Manager, East Central
Railway, Hajipur, P.O. - Digghi Kala, P.S.- Hajipur (Town), District-
Vaishali 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
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Appearance :
For the Petitioner/s : Mr.Dr. Anand Kumar
For the Respondent/s : Mr.Pradeep Kumar
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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 employer-
Petitioners 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
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
