SOUTH EASTERN COALFIELDS LIMITED Vs. AHMAND HUSAIN

JUDGEMENT

(1.) Appellant-Employer has challenged the order of learned writ Court interfering with the opinion of the Age Determination Committee (for short 'the A.D.C.') dtd. 26/7/2011, and consequential office order issued by Senior Manager (Civil) dtd. 27/7/2011, superannuating the respondent-employee from his services with immediate effect.

(2.) Facts of the case is that respondent/petitioner was employed as T.B.L. on 12/2/1976 and posted at B.Seam Colliery, Koriya. Respondent moved an application for correction of his date of birth in service record on the ground that his date of birth was wrongly been mentioned in service record as '1/7/1954' instead of '1/6/1958'. Sub-Area manager, after receipt of application wrote a letter to the higher authority for determining the age by A.D.C. On receipt of letter from Sub-Area Manager, Jhagarakhand, for determining the age of the respondent through the A.D.C., the then Deputy Personnel Manager, Sub-Area, Jhagarakhand, wrote a letter to the Additional Chief Personnel Manager, Hasdev area, for taking necessary action.

(3.) The Additional Chief Personnel Manager vide its letter dated 03-04- 1995, advised for necessary correction and its incorporation in CMPF records mentioning therein that as per the service record i.e. 'Form B' register, at page 105, the date of birth is shown as '1/6/1958'. Photocopy of Matriculation Certificate also shows the date of birth as '1/6/1958', but due to clerical mistake only in the CMPF record, the date of birth is shown as 1/7/1954. On the basis of the aforementioned letter dtd. 3/4/1995, the date of birth of respondent was corrected in service record. As per corrected service record, the date of birth of respondent is shown as '1/6/1958' in the payslip issued by the appellant to respondent-employee.