DHAN SINGH Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges the order of retirement dated 02/12/2009 (Annexure P-9). This order is called in question on the ground that the respondents have incorrectly mentioned the date of birth of the petitioner. The correct date of birth of the petitioner is 29/01/1956. The respondents treated petitioner's age as 33 years as on 01/01/1983. Accordingly petitioner's year of birth was treated by the respondents as 1950.

(2.) Shri K.C. Ghildiyal learned counsel for the petitioner by taking this Court to Annexure P-1 and Annexure P-2, mark sheet and transfer certificate submits that petitioner's date of birth is 29/01/1956 and respondents have erred in not accepting the same. Reliance is place on implementation instruction No.76 (Annexure P-7). On the strength of this, Shri Ghildiyal contends that said certificate should have been accepted by the respondents. There is no material on record as to how the respondents have determined the age of the petitioner.

(3.) Ms. Kanak Gaharwar, learned counsel for the respondents disputed the same. She submits that petitioner after 4 years from his retirement filed this petition and after retirement he cannot seek alteration of date of birth. Petitioner himself signed statutory form B (Annexure R-1) and service register (Annexure R-2). Wherein his age is shown as 33 years as on 01/01/1983. After having signed these documents, it is no more open to the petitioner to take a different stand. No other point is pressed by the parties.