MAHENDRA SINGH Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by action of the respondents for correcting the date of birth in his service record.

(2.) The brief facts of the case are that the petitioner has passed 8th class exam from the Government Middle School, Kelhari, Tehsil Manendragarh, District Korea (CG). In the school living certificate the date of birth of the petitioner was recorded as 13.04.1954. The petitioner was appointed as Wagon Loader in the establishment of respondent No.1 on 01.04.1976. Initially he was posted Umariya Colliery and subsequently he was transferred on 01.12.1978 to Nowrozabad Colliery on his transfer the document including the LPC were not forwarded to the Nowrozabad Colliery and therefore, his incorrect date of birth was recorded in the service book of the petitioner. Recently, the petitioner came to the know that date of birth was wrongly recorded as 24/04/1953 in his service documents. He therefore, submitted a representation to the respondents for correcting his date of birth, however, no action has been taken in the matter, he therefore, filed the present writ petition.

(3.) Learned counsel for the petitioner submits that the entire action of the respondents in not correcting his date of birth in the service record is illegal and arbitrary. He submits that at the time of appointment, he had produced the school leaving certificate and in the said certificate the date of birth of the petitioner was recorded as 13.04.1954. He further submits that the respondents have not filed any documents to show that the date of birth of the petitioner is 24.04.1953 and in absence of any documentary evidence and with existence of the school leaving certificate the correct date of birth of the petitioner has to be treated as 13.04.1954. It is further relied on implementation Instruction No.76 framed by the respondents for determination of the age of employee.