S.J.MUKHOPADHAYA, J. - (1.) THIS case relates to date of birth. However, the dispute has been raised by the Management without any notice in the petitioner.
(2.) ON hearing the parties. It is evident that the petitioner was appointed on 11th April. 1973. In the service record, the date of birth of petitioner is recorded as 15th September. 1945. For example, the date of birth recorded as 19th September. 1945 in the statutory Form B Register and same date of birth recorded in service excerpt, copy of which supplied to the petitioner in the year 1989 (Annexure -2). The Management though treated the date of birth of petitioner as 1945. but suddenly in order to retire the petitioner prematurely issued impugned letter dated 25th/26th August. 2000. In their counter -affidavit, the Respondents while accepted that 15th September, 1945 is the date of birth recorded in statutory Form B Register and service record, have taken plea that a medical Board was constituted in the year 1984 which assessed the age as 48 years on 17th April. 1984. Though such statement made but no document has been enclosed in support thereof, nor it has been made clear as to why such Medical Board was constituted, if no objection was made by the petitioner relating to the same. Merely, a vague statement made that the petitioner objected to his date of birth but such averment is not based on any record.
(3.) IT is a settled law that the date of birth once recorded in statutory Form B Register cannot be changed, if not changed within ten years from the date of entry in the service. If such principle is applicable for the employees, the Management is also bound to follow the same.;