SADRE ALAM Vs. CHIEF MANAGER, DIRECTOR & ANR.

JUDGEMENT

(1.) HEARD . The petitioner, by this petition seeks a direction to the respondents to correct his date of birth as on '1.1.1954', instead of '18.4.1950', in the service record and to retire him from service, accordingly.

(2.) THE brief facts, in nutshall, are that the petitioner was initially appointed as Overman on 1.4.1973. At present the petitioner is working as Senior Overman at Rajnager Opencast Project, Annuppur. From the document relating to service record (Annexure P/1) it is apparent that the date of birth was recorded as on 18.4.1950. In the Sirdar's certificate (Annexure P/2) and Overman's Certificate (Annexure P/3), issued under the coal Mines Regulations, 1957, by the Chairman of the Board of Mining Examinations, the date of birth of the petitioner was mentioned as on 1st January, 1954 (1.1.1954). In the Scholar's Register & Transfer Certificate (Annexure P/4), issued by the Principal, Shiv Prasad Narehi Higher Secondary School, Dihwa, District - Baliya (U.P.) the date of birth of the petitioner is mentioned as on 1.1.1954. the petitioner submitted various applications for correction of his date of birth (Annexure P/5). Thereafter, by order dated 7.3.2000 (Annexure P/6) the Chief Personal Manager, Hasdeo Area directed the Sub Area Manager to take appropriate steps to settle the dispute in regard to the date of birth of the petitioner Since no action was taken by the concerned authority, the petitioner again made various applications (Annexure P/7) and now, this writ petition.

(3.) LEARNED counsel appearing for the petitioner submits that whenever any dispute arises regarding the date of birth then the respondents are under an obligation to get the case of the concerned person examined from the Age Determination Committee. In support of his submissions learned counsel rely on a decision of this Court in Irwari Vs. South Eastern Coalfield Ltd. & others : 2007 (3) C.G.L.J. 452.