Court sets aside decisions to alter retirement date, emphasizing principles of natural justice and statutory provisions.
In a significant ruling, the Allahabad High Court has quashed the decisions that altered the retirement date of an employee, Yatish Singh, by changing his recorded date of birth. The judgment was delivered by Justice Saurabh Shyam Shamshery on May 5, 2026, in the case titled "Yatish Singh v. State of U.P."
Yatish Singh, employed as a Shramik at Harduaganj Thermal Power Plant, had his date of birth recorded as October 19, 1967, when he entered service. This was based on a medical examination report. However, an inquiry conducted behind Singh's back led to a change in his date of birth to April 14, 1966, which was reflected in a transfer certificate issued in 2005. This adjustment would have advanced his retirement date to April 30, 2026, a year and six months earlier than initially scheduled.
The court observed that the change was made without Singh's participation and emphasized the necessity of following the principles of natural justice. The original date of birth was deemed correct as per Rule 2 of the Uttar Pradesh Recruitment to Services (Determination of Date of Birth) Rules, 1974, which states that if an employee has not passed the High School or equivalent examination at the time of joining, the date recorded in the service book at that time is deemed correct.
Justice Shamshery noted that the inquiry into the alleged forgery was inconclusive and that there was no evidence of Singh's involvement in altering the records. The court also highlighted that no reason existed for Singh to change his date of birth to an earlier date, which would have been against his interest.
The court set aside the impugned decisions dated March 19, 2026, and March 23, 2026, which were made without following due process and were contrary to the legal provisions. Singh will continue to serve, with his retirement date remaining as October 31, 2027. The court allowed the respondents to complete any pending inquiries, provided they include Singh's participation.
This ruling underscores the importance of adhering to statutory rules and the principles of natural justice in administrative decisions affecting employees' service conditions.
Bottom line:-
Determination of date of birth of an employee - Date of birth recorded in the service book at the time of entry into service shall be deemed to be the correct date of birth in cases where the employee has not passed a High School or equivalent examination at the time of entry into service.
Statutory provision(s): Uttar Pradesh Recruitment to Services (Determination of Date of Birth) Rules, 1974 Rule 2
Yatish Singh v. State of U.P., (Allahabad) : Law Finder Doc id # 2893254
