GYAN SINGH Vs. SOUTH EASTERN COALFIELDS LTD

JUDGEMENT

(1.) The petitioner herein calls in question legality, validity and correctness of the order dated 3-1-2008 (Annexure P-1) by which the petitioner's date of birth has been determined as 11-5-1950 by the Age Determination Committee pursuant to the direction issued by this Court in W.P.(S)No.5287/2006 on 4-10-2006 directing the Age Determination Committee to determine the correct age of the petitioner.

(2.) It is the case of the petitioner that he was appointed by the South Eastern Coalfields Limited (SECL) on the post of Electric Fitter on 2-2-1976 and his date of birth has wrongly been entered as 11-5- 1950, whereas his actual date of birth is 2-7-1960. Since the authorities did not hear, he was required to file writ petition in which the matter was referred to the Age Determination Committee and it is the case of the petitioner that the Age Determination Committee has not looked into the Primary School Certificate dated 28-4-1972 and the Transfer Certificate dated 1- 3-1978 in which date of birth of the petitioner has been recorded as 2-7-1960, as such, the petitioner's date of birth has not been determined in accordance with law.

(3.) Return and additional return have been filed by the respondents / SECL stating that in statutory Form 'B' registered under Section 48 of the Mines Act, 1952 and in the Service Register in Form PS 3 and Form PS 4, date of birth of the petitioner has been recorded as 11-5-1950 and the Age Determination Committee on the basis of medical evidence has recorded his date of birth as 11-5-1950.