Jayanta Kumar Biswas, J - (1.) . - The petitioner is questioning the order of Assistant General Manager (Per.) of National Jute Manufacturers Corporation Limited dated November 25th, 2005, which is "Your claim for change of date of birth from 1947 to 2.2.1954 based on evidence of the certificate of Bihar School Examination Board issued on completion of having passed Secondary Examination in August, 1970, is hereby rejected as you have already retired from the services of Unit-National NJMC Ltd. on 1.6.2005. Change of date of birth cannot be allowed after you have retired from the services based on the date of birth recorded in your dossier maintained in Unit National."
(2.) He took employment in the company on May 11, 1973. On the basis of his declaration his year of birth was recorded in the dossier and the ESI records as 1947. According to that he was to retire from service in June, 2005. He claims that seeking correction of his date of birth on the basis of school final certificate issued by Bihar Vidyalaya Pariksha Samity (in that it was recorded that he was born on February 2nd, 1954, and that he took the examination in August 1970), he submitted application dated September 19th, 1990. His further claim is that subsequently he made representations for the same purpose on November 30th, 1996 and December 12th, 2003.
(3.) It appears that by a letter dated February 4th, 2004 the authority of the company requested the authority of the board concerned to give necessary information regarding genuineness of the school final certificate produced by the petitioner. By a letter dated May 16th, 2004 the board informed the company that the certificate was genuine. Thereupon the manager (personnel) of the company recommended correction of date of birth as wanted by the petitioner. The matter was placed before the assistant general manager who was the competent authority to give the decision. By the impugned decision he rejected the prayer for correction.;