AMULA RAMAIAH Vs. THE SINGARENI COLLIERIES COMPANY LTD.

JUDGEMENT

(1.) THIS writ petition is filed seeking issuance of writ of mandamus declaring the proceedings issued by the 3rd respondent in Ref. No. RG1/SPC/21/1050, dated 22.10.2012, refusing to record correct date of birth as 10.08.1962 as per school certificate, as illegal, unjust, contrary to law, arbitrary, discriminatory, amounting to unfair labour practice and violative of Articles 14, 16 and 21 of the Constitution of India, and grant all consequential benefits by continuing him in service till he attains the age of superannuation on 31.08.2022.

(2.) I have heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents -Company.

(3.) THE petitioner joined the service of the respondents -company on 31.07.1979 as temporary Tunnel Mazdoor at GDK -V Incline. According to him, before joining service, he pursued his education up to SSC but failed. However, he passed 7th class board examination and obtained transfer certificate from the Zilla Parishad Secondary School, Ramagundam on 20.07.1977. He says that at the time of joining service, he obtained the transfer certificate, but the recording authority did not record the date of birth as mentioned in the certificate and/recorded it only as 31.07.1954. Whereas, it is recorded in the transfer certificate as 10.08.1962. Subsequently, he was promoted as Coal Filler and thereafter, the respondents called for applications for the post of Security Guards by issuing a notification in the year 1989 and as stipulated in the notification, one should pass 7th Class to become eligible for the post of Security Guard. The petitioner produced the transfer certificate which shows that he passed 7th Class in the year 1974 itself. Pursuant to the said notification he was selected as Security Guard on 29.08.1989. Again, he was promoted as Jamedar, T & S. Group -E in pursuance of the notification dated 23.05.2007. The qualification required for the said post also 7th Class and he produced the transfer certificate in that connection and he was promoted as Jamedar on 20.12.2011.