PRABHURAM Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The present appeal arises from order dated 4.3.2014 dismissing W.P. (S) No.1078/14 declining to entertain the challenge by the Appellant seeking correction of his date of birth from 26.7.1954 to 8.4.1959.

(2.) Learned Counsel for the Appellant submits that he was appointed as a majdoor on 16.8.1984. At the time of appointment, no documents were sought from him with regard to his date of birth. He was not aware what was his date of birth recorded suo motu by the Respondents at the time of his entry in service. He was first made aware in 1992 that his date of birth has wrongly been recorded by the Respondents as 26.7.1954. He filed an application on 5.11.1993 supported by his Primary School Certificate of Class V pass that his date of birth was 8.4.1959 and it may be corrected accordingly. When no action was taken, he submitted another representation on 2.1.2003 followed by another dated 26.3.2012. Having failed to evoke any response the Appellant preferred W.P.(S) No.3088/2013. On 26.9.2013, the Writ Petition was disposed to decide the representation within time indicated. The Respondents rejected the representation by order dated 15.2.2014, challenged afresh leading to the order under appeal.

(3.) If the Appellant had produced his Primary School Certificate mentioning his date of birth and the genuineness of the certificate was not in doubt, there was no occasion for the Respondents to refer his case to the Age Determination Committee which under Implementation Instruction No.76 was to be done only where no documentary evidence with regard to the age was available.