In a significant ruling, the Calcutta High Court, led by Justice Aniruddha Roy, held that an employer cannot alter the recorded date of birth of a government employee beyond five years from the date of initial appointment. The decision came in response to a petition filed by Sabita Sen, a Female Warder, challenging the unilateral change made by her employer decades after her joining.
"The court quashed the order that altered the date of birth of the petitioner and directed the authorities to treat October 16, 1967, as her official date of birth."
Sabita Sen joined government service in 1987 after submitting all necessary documents. Her date of birth was recorded as October 16, 1967, based on valid documentation, including her identity card issued on April 8, 2005. She was made permanent in 2009, and a service book was prepared accordingly.
The dispute arose in 2024 when the employer, during a routine verification, claimed that her date of birth should have been October 16, 1965, instead of 1967. Based on this assertion, the employer made changes in the service book after getting approval from the DIG of Correctional Services.
In response, Sabita Sen filed a writ petition, arguing that the change was not only incorrect but also unlawful as it violated the government memorandum issued on January 24, 2012. This memorandum clearly states that any correction regarding the date of birth of a government employee must be requested within five years from the date of joining.
On the other hand, the State submitted a report dated April 2, 2025, citing discrepancies in the school certificates submitted by Sabita Sen. While one certificate issued in 1985 and another in 2020 recorded her birth date as October 16, 1967, another certificate from 2001 mentioned October 16, 1965. However, a police verification report from 2021 supported the 1967 date.
The court carefully analyzed the timeline and documentation, noting that the petitioner had been appointed and made permanent based on documents that recorded her birth date as October 16, 1967. The court found that the employer had failed to raise any such dispute within the prescribed five-year period.
Accordingly, the court set aside the impugned order dated September 24, 2024, passed by the Special Inspector General of Correctional Services. It directed the respondent authorities to record the petitioner’s date of birth as October 16, 1967, in all official service records.
The court also clarified that her retirement and terminal benefits must be calculated based on this date. With these directions, the writ petition was allowed.
"This judgment reinforces the principle that administrative actions must comply with legal timelines and cannot be arbitrarily altered long after the fact."
Case Title: Sabita Sen v. State of West Bengal & Ors.
Case No.: W.P.A. 4656 of 2025
Judgment Date: April 9, 2025
Counsel for the Petitioner: Anirban Bose, Chandrachur Biswas, Satyajit Senapati
Counsel for the Respondents: Jhuma Chakraborty, Munmun Tewary
