SUKALU RAM Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) Challenging the action of the Respondents in retiring the Petitioner with effect from 30.09.2009 treating his date of birth to be 1.10.1949, on the basis of the entry made in the service records showing his age to be 28 years as on 1.10.1977, Petitioner has filed this writ petition and prays for quashing of the order-dated 13.3.2009 issued in this regard.

(2.) Facts in nutshell, relevant for deciding the present dispute, are that Petitioner was appointed as a Welder Group C, in the Kotma Colliery of South Eastern Coal Fields Limited (hereinafter referred to as 'SECL'), in the year 1977. At the relevant time he was appointed on the basis of the ITI Certificate issued to him. According to the Petitioner he has produced this certificate showing his date of birth as 6.8.1955. Inspite thereof, his age was not correctly recorded. Placing reliance on the Middle School Certificate - Annexure P/1 and the ITI Certificate issued to the Petitioner vide Annexure P/2, it is the case of the Petitioner that even though his age was shown in these documents as 6.8.1955, the Respondents recorded his age as 28 years on the date of his appointment i.e. 1.10.1977. According to the Petitioner, he had never disclosed his age as 28 years, instead had disclosed his age as 22 years at the time of appointment. It was only in the year 1988 when the Petitioner was informed about his date of birth that he submitted a representation on 6.2.1988 vide Annexure P/3. His representation was considered and his claim was referred to the Age Determination Committee, constituted by the Respondents in accordance to the agreement entered into by the employer and the union, i.e... the National Coal Wage Agreement. The Age Determination Committee determined the date of birth of the Petitioner as 6.8.1955 and accordingly the competent authority namely the Sub Area Manager, Jamuna Sub Area passed an order on 28.3.1989 - Annexure P/4, directing for correcting the date of birth of the Petitioner as 6.8.1955. Accordingly, in the records pertaining to payment of salary to the Petitioner - Annexure P/5, the identity card issued to him vide Annexure P/6, and in all other documents the date of birth of the Petitioner was corrected and it was shown as 6.8.1955. Inspite thereof, all of a sudden when order-Annexure P/7 was issued showing his date of birth as 1.10.1949 and when he was proposed to be retired on 30.9.2009, he objected personally and through the Union, matter was taken up by the Union and finally when the claim is rejected, Petitioner has filed this writ petition.

(3.) Shri K.C. Ghildiyal, learned Counsel for the Petitioner, taking me through the documents available on record, the findings recorded by the earlier Age Determination Committee on the basis of which order - Annexure P/4 was issued and by placing reliance on Implementation Instruction No. 76, issued under the National Coal Wage Agreement - Annexure P/5 and the stipulations contained in Clause (b) with regard to review/determination of the age of existing employee, argued that in the present case as the identity card, middle school passed certificate and the ITI Certificate of the Petitioner clearly shows his date of birth as 6.8.1955, Respondents cannot refuse correction of the date of birth and the action of the Respondents is illegal and arbitrary.