EASTERN COALFIELDS LTD. Vs. GAUR CHANDRA SARKAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27.7.1990 of the learned Single Judge in Civil Order No. 13114(W) of 1987 whereby learned Single Judge allowed the writ petition and directed the respondents to correct the date of birth of petitioner on the basis of School Certificate, that is, 27th Sept., 1931. Learned Judge also directed that the petitioner shall be allowed to continue upto the age of superannuation of 60 years, i.e. upto 30th Sept., 1991. It was also directed he may be allowed to resume his duty and he shall be entitled to all arrears of salaries within 4 weeks of the communication of this order.

(2.) Aggrieved against this order this Letters Patent Appeal was preferred before this Court which was dismissed being barred by time. Aggrieved against this order the management took up the matter to the Apex Court and Apex Court by its order dated 15th Jan., 1995, set aside the order passed by this Court, condoned the delay on 6th Oct., 1993 and remitted the matter to High Court for considering the Letters Patent Appeal on merits. Hence the present writ appeal has come up before us for consideration.

(3.) The petitioner filed the writ petition before this Court for correction of his date of birth on the basis of School Certificate produced by him. The petitioner passed his primary (Maktab) Final Examination in 1944. The District Inspector of Schools, Burdwan issued a Certificate wherein he recorded the date of birth of petitioner as 29th Sept., 1931. In 1951 petitioner was appointed in Sreepur Colliery which was earlier under the private management. After promulgation of Coal Mines Nationalisation Act, 1973, the petitioner became an employee of the Coal Mines Authority of India Limited which became subsequently vested with the Eastern Coalfields Ltd. The age of superannuation in this institution is 60 years. On 24th April, 1987, Manager of Sreepur Colliery by notice dated 23rd April, 1987 asked the petitioner to submit a petition, if any, in respect of recording of the date of birth of the petitioner. By the said communication, petitioner was informed that as per the record of the authority, the date of birth was recorded Dec. 2, 1927. The petitioner submitted his petition that his date of birth has correctly been recorded in the Certificate issued by the District Inspector of Schools, Burdwan and he submitted a Certificate issued by the District Inspector of Schools. It is the case of the petitioner that the Manager, Sreepur Colliery, without considering his objection and without giving any opportunity of hearing issued a memo dated 9th June, 1987 to the effect that petitioner would retire on completion of 60 years and on and from 2nd Dec., 1987 on the basis of the birth recorded on 2nd Dec., 1927.