MANNU KUMAR SINGH Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, the petitioner has challenged the order dated 20.07.2012 (Annexure-P/9), whereby the respondents have decided to retire the petitioner on attaining the age of 60 years by treating petitioner's date of birth as 01.02.1953.

(2.) The parties are at loggerheads on the question of correctness of date of birth. The petitioner is claiming his date of birth as 07.05.1961, whereas the employer is treating the said date of birth as 01.02.1953. The case of the petitioner is that he passed Matriculation from the Bihar School Examination Board in the year 1978. The certificate/mark sheet was issued on 01.10.1980 (Annexure-P/2). The employer erroneously recorded the date of birth as 01.02.1953. The petitioner upon noticing the same, immediately lodged his protest/objection, which is evident from Annexure-P/3. The petitioner again preferred a representation for correction of date of birth which was duly forwarded by the respondents on 17.06.2009 (Annexure-P/4). The respondent No.2 sent a letter to District Examination Board for verification of certificate and date of birth mentioned therein.

(3.) Shri Ghildiyal relied on the communication dated 17.06.2009 (Annexure-P/4) (with additional affidavit). He also relied on the document dated 25.03.2011, whereby the Examination Board of Patna certified that petitioner's date of birth is 07.05.1961. The petitioner contends that the petitioner's representation dated 28.06.2011 (Annexure-P/6) and dated 05.01.2012 (Annexure-P/7) could not fetch any result. The case of the petitioner was duly forwarded by note sheet dated 07.05.1961 (Annexure-P/8). The petitioner also submitted an objection against the notice of retirement dated 10.08.2012.