MANIK PAUL Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) THE Court : By the present writ petition the petitioner, inter alia, prays for a writ in the nature of Mandamus directing the respondents to send him to a State Government Hospital for assessment of age and a writ in the nature of Mandamus directing the respondents to provide employment if his age is assessed within 35 years.

(2.) THE case of the petitioner, inter alia, is that his father was working as a peon in Monohar Bohal Colliery of the Eastern Coal Fields Limited. He died in the year 2008. Shortly after his father's death the mother of the petitioner made an application before the respondents and requested them to provide an employment to the petitioner in lieu of her.

(3.) ON June 11, 2010 the petitioner appeared before the area Medical Board and his age was assessed as 37 to 42 years. In July, 2010 the respondent no. 6 herein informed the petitioner that as per the relevant rules his date of birth had been fixed to be on December 11, 1971 and consequently he had crossed the age of 35 years, as on the date of the death of his father he was 36 years 6 months and 24 days. The petitioner made an appeal and requested to arrange for a further medical examination. On February 3, 2012 he was examined by the Apex Medical Board and his age was assessed on the date of the death of the deceased father as 38 years 11 months and 1 day and his claim for employment has been rejected on this ground.