B KOMARAIAH Vs. SINGARENI COLLERIES CJQ LTD

JUDGEMENT

(1.) Petitioner entered service as Munshi in the Shanthi Khani Mine of Singareni Colleries, on 17-3-1958. He had studied upto TV Form (IX Class) in the Government High School for Boys, Guntur from 25-7-1951 to 4-9-1951. He discontinued the studies and left the school. He applied for a Transfer Certificate on 28-6-52 and the same was furnished to him on 30-6-1952. Petitioner submits that he had produced the above Transfer Certificate at the time when he joined duty in Shanti Khani Mine. He submits further that it was because of his educational qualification disclosed by the transfer certificate that he was appointed as Munshi. The date of birth was mentioned therein as 11-7-35. Petitioner submits that his age was wrongly recorded in his service record as 26 years, on 17-3-1958. The effect of that entry was that he would have been born in 1932. In 1989, there were reports of discrepancy in the dateof birth of some of the employees as entered in the company records. Petitioner came to know on enquiries that the transfer certificate which he had produced at the time of entry into service was missing from the records and therefore the employer had assessed his age on the date of entry into service as 26 years on 17-3-58. On 14-10-1989, he filed a representation requesting the 2nd respondent to correct his date of birth as 11-7-35. There was no reply from the 2nd respondent. He therefore obtained a duplicate copy of transfer certificate which was issued on 30-6-1952. Along with a xerox copy of the duplicate Certificate, he filed another representation on 4-9-90 to the 2nd respondent. That also did not evoke any response. Thereafter on 8-4-91 the 2nd respondent issued a notice stating that the petitioner has to retire from service with effect from 1-4-1992 on completion of 60 years of age. Petitioner then filed representations on 10-4-91 and 10-6-91 to the 2nd respondent. He was required to be present before the Apex Medical Board on 1-11-1991 apparently on his request. The medical Board confirmed the company records that the petitioner was of 26 years of age on 17-3-58. It is the case of the petitioner that the Apex Medical Board came to the conclusion without looking into the Transfer Certificate and without heeding to his pleas based thereon. Petitioner protested the decision of the Medical Board in his representations dt. 9-12-91 and 12-12-1991 to the 1st respondent. In his order No. P. 34/4184/IR/51 dated 16-1-1992, the 1st respondent rejected the representations of the petitioner stating that there was no provision to correct the date of birth basing on the Transfer Certificate. Petitioner impugns that order.

(2.) Counsel for me petitioner submits that the rejection of those representations is contrary to the circulars issued by the 1st respondent. Reference is made to the circular issued by the 1st respondent No. P. 49/4702/IR/1270 dt. 1-8-1988 with reference to Instruction No. 76 dt. 25-4-1988 of the joint By partite Committee for Coal Industry-IV, along with its Annexure-1. Clause (A) (ii) of the Annexure was to the effect that in the case of all non-matriculates, the date of birth recorded in their school leaving certificate shall be treated as correct date of birth. Petitioner submits that he having left the school after discontinuing studies in 9th class and his date of birth having been correctly entered as 11-7-53 in the Transfer Certificate which is the same as School Leaving-Certificate, the respondents are bound to correct the date of birth in accordance with that certificate. Petitioner submits further that only in the case of persons who are illiterates in the senseof not having any school education, could the respondents send an employee to the Medical Board for determination of the date of birth, as per clauses A(iv) of Annexure-1. According to him respondents acted illegally in referring him to the Medical board in spite of positive evidence which he produced mat his date of birth as per the School Leaving Certificate obtained prior to his entry into service was 11-7-1935. Yet another submission which the petitioner made is that the respondents discriminated against him in so far as they had acted upon the School Leaving Certificates in other cases, but refused to do so in his case. He submits that the rejection of his request for correction of date of birth being contrary to the instructions based on proceedings of the Joint Bipartite Committee of the Coal Industry and the Circulars issued by the Board is arbitrary, discriminatory and therefore violative of Article 14 of the Constitution of India.

(3.) Respondents have filed a counter affidavit. It is asserted that when the petitioner joined service on 17-3-58, his age was recorded as 26 years, since he had not produced any evidence, and petitioner had accepted that entry in his service record. It is admitted that the petitioner had filed a representation on 14-10-1989 enclosing a xerox copy of Transfer Certificate No.27/52-53 which was issued by the Head Master, Government High School for Boys, Guntur. On 15-9-1990, the Mines Sub-Committee constituted under circular dt.16-5-1987 verified the record and having noticed four years of difference in the ages recorded in the Service & Identity Card and the B-Register and the T.C. issued by the Head-Master, decided to refer his case to the Age Determination Committee. Respondent submits that itis in accordance with the circular issued on 1-8-1988 as per instruction-76 of JBCCI. That Instruction on which respondents rely, is in the following terms: