SRIPAT RAM @ SRIPATI RAM AGED ABOUT 55 YEARS, S/O LATE SOMARU RAM, R/O 2 B/5 JAIPRAKASH COLONY, POST: SUBHASH BLOCK, SECL, DIST: KORBA (CG) Vs. SOUTH EASTERN COALFIELDS LIMITED THROUGH ITS CHAIRMAN

JUDGEMENT

(1.) The petitioner joined services with the SECL on 5.7.1972 on the post of Under Ground Loader. He disclosed his date of birth as 2.3.1946 in Form 'B' maintained under Rule 48, 51, 77 and 77A(2) of the Mines Rules and thereby the SECL recorded date of birth of the petitioner as 2.3.1946. In the meanwhile, on 21.2.2006, the petitioner filed the writ petition before this Court stating that his date of birth has wrongly been recorded in the service records of the petitioner by the SECL and his actual date of birth is 5.3.1951. In support of his date of birth, he filed Nirgam Praman Patra (Annexure P/3) in which his date of birth is recorded as 5.3.51 and also filed mark sheet issued by the D.A.V. Inter College, Gazipur (Annexure P/4) in which no date of birth is recorded. He also filed School Leaving Certificate/Transfer Certificate (Annexure P/5) issued by the Head of the Institution, D.A.V. Inter College, Gazipur, in which date of birth of the petitioner has been shown as 5.3.51. On the basis of aforesaid documents, the petitioner claimed that his date of birth be corrected as 5.3.1951 in the service records of the SECL and he is entitled for continuation of service and other consequential benefits. In the meanwhile, the petitioner retired from his service on 31.3.2006.

(2.) Return has been filed by the SECL opposing the prayer stating that as per service records, date of birth of the petitioner is 2.3.1946 and statutory documents as required under Implementation Instruction No.76 have not been filed by the petitioner and the documents filed by the petitioner cannot be relied upon as date of birth of the petitioner is 2.3.1946.

(3.) No rejoinder has been filed.