NARENDRA NATH TIWARI, J. - (1.) IN this writ application, the petitioner has prayed for quashing the office order dated 10.07.1998 (Annexure 4 to the writ application) issued by respondent No. 5 whereby the petitioner has been informed that his date of birth has been changed from 25.01.1955 to 01.03.1945 in the service record. The case of the petitioner is that he was appointed to the post of unskilled labour by appointment letter No. 1136, dated 02.05.1973 and since then he has been in continuous service. According to the petitioner, 25.1.1955 has been recorded as his date of birth in the service book. Suddenly, by the impugned letter, he has been informed that his date of birth has been changed and shifted to 1.3.1945. The grievance of the petitioner is that the respondents have no authority to change the date of birth originally recorded in the service record and that too after decades of his appointment. Further that the petitioner was not even given any notice prior to making alteration in his date of birth to is disadvantage. According to the petitioner, there is no provision in the service rule or any law giving power to the respondents to change the date of birth suo moto, after lapse of about 25 years of joining the service. According to the petitioner, the impugned order/letter is wholly arbitrary, illegal and without jurisdiction.
(2.) THE respondents have appeared and filed detailed counter affidavit. It has been stated, inter alia, that the service book was opened on 08.03.1975. From perusal whereof it appeared to the respondents that the columns are filled up with different ink. In the column of date of birth 25.01.1955 has been mentioned on the basis of medical certificate issued by some Medical Officer. Ranka whereas such certificate has to be issued by the Civil Surgeon. The Director Personnel, Bihar State Electricity Board, Patna had issued letter No. 1452, dated 01.12.1994 giving instructions pertaining to maintenance of service book/manipulation in the service book. In compliance of the said letter, the Electrical Superintending Engineer, Electricity Supply Circle, Daltonganj had called for the service book for the scrutiny. The same was sent to Electrical Superintending Engineer, who on perusal, came across the date of birth entry of the petitioner in different ink. An instruction was issued by letter No. 958, dated 19.08.1996 regarding determination of date of birth, disputed/manipulated or suffered from other irregularity. In accordance with the said instruction, the Joint Secretary, Bihar State Electricity Board determined the exact date of birth of the petitioner and communicated the same to the then General Manager -cum -Chief Engineer, South Bihar in which the date of birth of the petitioner was determined as 01.03.1945 and it was informed to the petitioner by the impugned order (Annexure 4). Mr. Rajiv Ranjan, learned counsel appearing on behalf of the petitioner submitted that there is no legal provision for determining the age suo moto by the employer even without giving notice to the petitioner and that too after about 25 years of his appointment. Learned counsel submitted that even the power of scrutiny is given by circular of 1994 only in the event of any dispute/manipulation or irregularity, but nothing has been brought on record and the petitioner was never informed about any dispute/manipulation or irregularity in the entry of date of his birth in his service book. Learned counsel submitted that the alteration in the service record and shifting of the date of birth prejudicial to the petitioner is wholly . illegal, arbitrary and unjust and the same is liable to be quashed. Learned counsel submitted that by changing the said date of birth, the petitioner's date of retirement has been pulled about ten years prior to his actual date of superannuation. The said change in the petitioner's date of birth is, thus, wholly arbitrary and the same having been made without following the principles of natural justice, is a nullity.
(3.) MR . Ashok Kumar Jha, learned counsel appearing on behalf of the Bihar State Electricity Board (respondent No. 7) submitted that though there has been delay in making the correction, yet the Board has got power to change the date of birth of an employee even without informing him or giving any notice and that since the petitioner's date of birth has been found improperly entered into the service book, the same has been rightly determined suo moto by the Board -authorities.;