Date of birth cannot be changed after retirement says : Allahabad High Court

The date of birth recorded in the service book is binding on both the employee and the employer. It cannot be changed after retirement

says the Allahabad High Court in its order.

The Petition heard by a single-judge bench of Justice J.J. Muneer, passed the order. On 31^st October 2015, the petitioner retired as a Collection Admin. His date of birth, as recorded in the service book and also recorded in his High School Certificate earned in the year 1968 from the UP Board of High School and Secondary Education, Allahabad, is October 10, 1955.

The petitioner claimed that he was drawing a pension since 2015 and has been paid all his post-retirement benefits. But there was an order passed on March 12, 2021, passed by the Sub-Divisional Magistrate, Shikohabad, District Firozabad, who said that on the basis of a certificate from the school where the petitioner had read, has held that the petitioner’s date of birth is October 10, 1950.

“It is trite law that an employee’s date of birth recorded in the service book binds not only the employee, but the employer as well, and it cannot be changed as it is said on the eve of his retirement,” said the Counsel for the petitioner.

Here, the employer is trying to revise or has revised the employee’s date of birth after the retirement of the employee.

The employee’s pre-high-school records were looked into, the employee’s date of birth was re-determined, going against the Boards’ High School Certificate as also the service book.

The Court held that the employer looked into pre-high school records of the employee and redetermined the employee’s date of birth went against the service book, therefore, such an act was not correct as per law.