RAMASIS PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner prays for a declaration declaring that he should be allowed to remain in service on attainment of 60 years of age by treating his date of birth as 10.2.1954 and accordingly prays for the issuance of a writ of mandamus commanding upon the Authorities/Respondents not to force him to relinquish office on 30.6.2009 on the basis of the date of birth recorded in the Form-B Register as 1.7.1949.

(2.) The Petitioners case, on the basis of the pleadings made in the Writ Petition are, that having passed the Madhyamik Examinations in the year 1969, he joined the services of the erstwhile Indian Iron and Steel Company Ltd. as a General Mazdoor on 25.1.1971. Thereafter in the year 1972, the said Company was nationalised and it became a subsidiary of Steel Authority of India Ltd. The Petitioner has stated that thereafter, he sat for the Mining Sirdar Certificate Examinations conducted under the Coal Mines Regulations, 1957 and was declared successful and accordingly, was promoted to the post of a Mining Sirdar immediately after the results were declared in March 1976. According to the Petitioner, he appeared in the said examinations with prior permission of the Authorities and on the basis of a Mining Sirdar Certificate which was duly issued. A copy of the said Mining Sirdar Certificate along with the Madhyamik Certificate have been collectively marked as Annexure- 1 to the Writ Petition.

(3.) Subsequently, the Petitioner again sat for the Overmans Examinations which were also conducted under the Coal Mines Regulations, 1957 on 17.11.1978. This examination was also undertaken by the Petitioner with prior permission of the authorities. After declaration of results, a Certificate was issued to the Petitioner on 2.4.1979 certifying that he had passed the Examinations which were held on 17.11.1978. Thereafter the Petitioner was promoted to the post of an Overman, belatedly in the year 1985 although he ought to have been promoted in the year 1978 itself. However, according to the Petitioner, since the date of his last promotion, he had been discharging his duties sincerely and subsequently, on 4.6.1993, he was again promoted to the post of a Senior Overman, T & S Grade A. The Overman Certificate has been brought on record vide Annexure- P2.