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Advise to my friend

(Querist) 04 July 2017 This query is : Resolved 
Dear Sir,

One of my family friend is working in HPCL (Hindustan Petro Chemicals Ltd). At the time joining he submitted all his certificates which includes date of birth. Due to mistake of HR department the age mentioned wrong. Now he is retiring 2 years earlier because of department mistake. Next month(August 31st) he is retiring from his service. Before that he requested all officers to correct the mistake. But no use. HR Department Officials said that you would have applied it 5 years back, know there is no chance. Is there any chance to file a case against department to postpone his retirement. will he get justice for this?

Give me your valuable suggestion So that he will proceed.
Sudhir Kumar, Advocate (Expert) 05 July 2017
" Due to mistake of HR department the age mentioned wrong."

How was the mistake of HR deptt?
why it is not his mistake or craft?
what did he do immediately when mistake was there?
Sudhir Kumar, Advocate (Expert) 05 July 2017
Such request at the fag end of retirement is generally not tenable. You can remember that even one Army Chief tried this.
Sudhir Kumar, Advocate (Expert) 05 July 2017
Some persons find them underage at the time of matriculation and manipulate a false birth proof or are underage for a particular post and manage false proof of date of birth and this way the are able to manage entry into the service. They keep serving cooly and at the fag end they want to come back to their actual date of birth. Such entry in service is possible due to less diligent clerk in HR deptt and this can be made a ground for "mistake of HR"

Please confirm your friend is not such case.

Please gather facts before advising your friend to go to court he may not land up in FIR at this stage.
Keshav Rao N (Expert) 05 July 2017
I think all the above comments are right on spot.No court will get convinced about this "mistake".Retire gracefully.
Kumar Doab (Expert) 05 July 2017
Agreeing with comments of Mr. Sudhir Kumar.
The DOB,Age might have been brought in your knowledge by some docs on many occasions by establishment e.g; I.Card………..
The error pointed near retirement may cause hardships to employer………….
Pursue; the employer may agree.
Kumar Doab (Expert) 05 July 2017
If your certificates are genuine and you handed over authenticated copies (attested by say gazetted officer/notarized/self attested) and showed originals and attorney's of employer in HR marked OSV and DOB was say:

01-01-2000

then the said attorney and attorney's that have to relate/verify/re verify can not enter as;

01-01-1999

The DOB might have also been expressed in writing in words in addition to numbers............

Pursue: The employer may agree.............
Rajendra K Goyal (Expert) 05 July 2017
It is very difficult at this stage. Few years back it was declined by the court in the case of a Military General.
Kumar Doab (Expert) 05 July 2017
If your certificates are genuine, try and build some record.
Remain amiable and gentle.

Apply your own judgment and decide what is the best for you.
Sudhir Kumar, Advocate (Expert) 05 July 2017
Anyone having slightest sympathy for you may not be replying without facts.
Kumar Doab (Expert) 05 July 2017
Regret could not understand the last post of Mr. Sudhir Kumar.
Mrs.Ramya.K (Querist) 07 July 2017
Actually in 1998 he requested regarding wrong entry of date of birth. They are not taken any action against his request. He regularly made correspondence regarding wrong entry. He has got all proofs of correspondence. pl advise them.
Kumar Doab (Expert) 07 July 2017
These proofs can support him.
The error should have been corrected at 1st instance.

Sudhir Kumar, Advocate (Expert) 08 July 2017
You have nowhere stated as top how the wrong entry could at all be possible and how your friend (it is you only) was responsible for the same. Simply blaming clerks in HR does not matter.


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