SOUTH EASTERN COALFIELDS LIMITED Vs. ASHOK KUMAR THAKUR

JUDGEMENT

(1.) Correctness and sustainability of the order dated 30.08.2018 passed in Writ Petition (S) No.138 of 2016 is put to challenge in this appeal wherein the learned Single Judge allowed the writ petition filed by the Respondent-Employee while quashing the orders dated 05.11.2015 (Annexure P/1) and 02.11.2015 (Annexure P/2) respectively, wherein Appellant-Employer has determined the date of birth of the Respondent-Employee as 14.11.1958 by the Age Determination Committee (hereinafter referred to as 'ADC').

(2.) Facts of the case in nutshell are that, the Respondent- Employee was engaged as General Mazdoor with the Appellant- Employer on 26.11.1976. At the time of appointment on the post of General Mazdoor Category-I, he mentioned his date of birth as 14.11.1960, which was recorded by the Appellant-Employer in Form- B, Form PS-3 and Form PS-4 and other relevant documents maintained by them as per Rules. The Respondent-Employee during the period of his engagement in service, has been promoted on 16.06.1983 as C.D.S. (Trainee) in Clerical Grade-III and thereafter, C.D.S. Grade-II and C.D.S. Grade-I vide orders dated 15.12.1985 and 02.12.1989 respectively. Thereafter, vide order dated 09- 17.08.1996, he was promoted and re-designated as Clerk Grade-I and posted at Jhilimili Project. The Respondent-Employee came to know that his date of birth has been corrected without his knowledge in office records from 14.11.1960 (original date of birth), to 14.11.1958.

(3.) The Respondent-Employee on the basis of information received by him from Section Officer, made an application for grant of relevant documents and thereafter, he has challenged the action of Appellant-Employer by filing Writ Petition (S) No.2312 of 2013 before this Court. The learned Single Judge vide order dated 31.08.2015, disposed off the writ petition directing the Appellant- Employer to pass reasoned and speaking order with respect to determination of age of Respondent-Employee.