DINESH KUMAR Vs. WESTERN COALFIELDS LTD & ANOTHER

JUDGEMENT

(1.) Heard.

(2.) The petitioner has filed the present petition under Article 226 of the Constitution of India challenging the order dated 05.08.2016 passed by respondent no.2 thereby rejecting the claim of the petitioner for correcting the date of birth.

(3.) The petitioner was appointed in the services of the respondents w.e.f. 29.08.1984, the date of birth of the petitioner is 15.06.1963. Due to mistake of the respondents on 08.06.1987, the petitioner's service record was verified and it has been found that the date of birth of the petitioner is recorded is 01.07.1956. The Mines Regulations have been framed by the respondents which is known as Coal Mines Regulation, 1957 under which a Sirdar Certificate is issued to every employees. The said certificate has been issued to the petitioner wherein the date of birth of the petitioner is mentioned as 15.06.1963. If the date of birth of the petitioner is mentioned as 15.06.1963 then he ought to retire in the year 2023 i.e. on completion of 60 years of age but the respondents have passed an order dated 18.01.2016 thereby retiring the petitioner w.e.f. 30.06.2016, declaring his date of birth is 01.07.1956. The petitioner has, therefore, filed a writ petition i.e. W.P. No.9227/2016 before this Court.