ARJUN LAL Vs. SOUTH EASTERN COALFIELDS LTD

JUDGEMENT

(1.) The present Writ Petition is to quash the Order, dtd. 3/1/2014 and the Corrigendum, dtd. 10/1/2014 (Annexure-P1), wherein the date of birth of the Petitioner has been considered as 21/1/1954.

(2.) According to the Petitioner, the Order, dtd. 3/1/2014 and the Corrigendum, dtd. 10/1/2014 (Annexure-P1) is not in accordance with the Implementation Instruction No.76 (henceforth 'the II No.76') wherein the date of birth of the Petitioner should have been considered as 21/1/1959, which is as per the Matriculation Certificate issued by the Board of Secondary Education, Madhya Pradesh, Bhopal (Annexure-P5).

(3.) (i) The facts of this case, in brief, are that the Petitioner was appointed by the Respondent SECL against the post of General Mazdoor in the year 1984 in the Western Coalfields Limited under the provisions of the dependant employment when his father namely; Charan was declared medically unfit. The Petitioner contended that in the service record his date of birth was entered as 21/1/1954 instead of 21/1/1959. Pursuant thereto he sought for correction of date of birth in the year 1995 i.e. after a decade from the date of entry of his service. According to the Petitioner, he was given an assurance to get the same corrected. Thereafter, the same was corrected in PS-3 (particulars of family) & PS-4 (nomination form), but eventually the date of birth in the original service record was not corrected. (ii) Since it did not help the Petitioner, in the year 2013 he preferred WPS No.2070 of 2013 before this Court, which has been disposed of by Order, dtd. 17/7/2023 with a direction to the SECL to examine the Petitioner's grievance in the light of II No.76. Subsequent thereto, the Petitioner approached the Age Determination Committee (henceforth 'the ADC') and the ADC determines the age/date of birth of the Petitioner as 21/1/1954. Pursuant to the said report of the ADC, by Order, dtd. 3/1/2014 and the corrigendum, dtd. 10/1/2014 (Annexure-P1) the Respondent SECL dismissed the application of the Petitioner. Hence, this Petition.