SIDHESHWAR UPADHAYA S/O. LATE SHRI SHYAMA UPADHAYA Vs. CHIEF MANAGING DIRECTOR, SECL SEEPAT ROAD, BILASPUR

JUDGEMENT

(1.) Heard.

(2.) In this petition under Article 226 of the Constitution of India, the petitioner would pray for quashment of the orders Annexure P/1 dated 28.2.2008 and Annexure P/2 dated 1.3.2008, by which, he has been informed that he is attaining the age of superannuation and his pension papers are to be processed and that his application for correction of the date of birth, has been rejected.

(3.) The petitioner joined services as General Mazdoor on 18.12.1974. He passed the Mining Sirdar Certificate Examination in the year 1978. He thereafter passed the Gas Testing Certificate Examination in the year 1979. In Form 'B' prepared at the time of entry into service, his date of birth was recorded as 6.4.1948, which the petitioner claimed that the same is wrongly recorded as his correct date of birth is 8.6.1956. On 22.11.1995, the SECL issued a letter informing the employees that the age recorded in Form 'B' Register and Mining Sirdar Certificate differs from each other in respect of many employees, therefore, as per the Implementation Instruction No.76, the employees are requested to take necessary action for correction of their date of birth. The petitioner applied for correction but no orders were passed on his application, even though in respect of many other employees, correction order was issued on 5.10.1996 vide Annexure P/10. The petitioner kept representing at regular intervals but his prayer was not heeded, therefore, he preferred WP No.1424 of 2006 for redressal of his grievance. The said writ petition was disposed of vide order dated 10.12.2007 filed as Annexure P/14. At the time of disposal, this Court mentioned thus in the last paragraphs of the order: