SAYYAD YASIN Vs. SOUTH EASTERN COALFEILDS LTD.

JUDGEMENT

(1.) Correctness and sustainability of Order dated 26.09.2019 passed in WPS- 6488 of 2017 are put to challenge by filing this Writ Appeal wherein the Writ Petition filed by the appellant seeking relief of writ of mandamus, commanding the respondents to correct his date of birth in service record by quashing Annexure P17, which is a letter on the basis of opinion of Age Determination Committee mentioning therein the age of appellant as 15th July, 1950.

(2.) Facts of the case in a nutshell are that appellant was appointed as General Mazdoor on 05.03.1972 in a private Coal Company, named as Dada Bhai and Company. After nationalisation of Coal sector, services of appellant are merged with South Eastern Company Limited. During the period of his service, appellant was promoted to the post of Electrician Category IV on 09.02.1979 and in the same year itself, appellant sought for permission of the authority to appear in Wireman's examination. The appellant thereafter, was promoted on 15.05.1985 to the post of Electrician Category V.

(3.) Appellant on 18.09.1987 came to know that his date of birth was wrongly recorded in service book as 15.07.1950 instead of 19.11.1953. He immediately made a representation on 07.10.1987 for correction of his date of birth in his service book. The respondent authorities pursuant to his representation, asked him to produce Middle School/Matriculation certificate within the stipulated time, in support of his claim for correcting his date of birth as 19.11.1953. In compliance of this letter, appellant submitted Annexure P9, his Higher Secondary School Certificate on 15.06.1988.