Recently, the Calcutta High Court, led by Justice Aniruddha Roy, held that an employer cannot unilaterally change the recorded date of birth of a government employee after the expiration of the prescribed five-year limitation period from the date of joining service.
The petitioner, Sabita Sen, joined government service in 1987 after submitting all requisite documents, including proof of date of birth. Her identity card, issued on April 8, 2005, recorded her date of birth as October 16, 1967. In 2009, she was made permanent, and the employer began maintaining her service book accordingly.
However, in 2024, during scrutiny of the service records, the employer noted a discrepancy and claimed her date of birth should be October 16, 1965. The date was subsequently changed in the service book with approval from the DIG of Correctional Services.
Aggrieved by this unilateral change, the petitioner approached the Special I.G. of Correctional Services, who, citing a government memorandum dated January 24, 2012, rejected her plea for correction on the ground that no change can be made beyond five years from the date of joining.
The petitioner contended:
All relevant documents were submitted at the time of appointment.
Her service book and permanent status were based on the original records.
The discrepancy was communicated to her only in January 2024—decades after her appointment—making the belated alteration unjustified.
The 2012 memorandum permits changes in date of birth only within five years of joining, which did not apply in her case as the change was being made unilaterally and much later by the employer.
The state referred to a report dated April 2, 2025, highlighting discrepancies in the school certificates submitted by the petitioner:
One certificate (1985) recorded the birthdate as October 16, 1967.
Another (2001) recorded it as October 16, 1965.
A third certificate (2020) reverted to 1967.
Police verification in 2021 also listed the date as October 16, 1967.
Based on these inconsistencies, the state justified the change in the service book entry.
The Court emphasized that the 2012 memorandum clearly mandates a five-year window from the date of joining for any correction in date of birth. Since the petitioner joined in 1987 and the dispute arose only in 2024, the employer’s action was deemed time-barred and unlawful.
The Court held the communication dated September 24, 2024, invalid and directed:
Restoration of the petitioner’s date of birth as October 16, 1967 in all service records.
Retirement and calculation of terminal benefits to be done based on this date.
Accordingly, the writ petition was allowed.
For the Petitioner: Anirban Bose, Chandrachur Biswas, Satyajit Senapati
For the Respondents: Jhuma Chakraborty, Munmun Tewary
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