MD. USMAN Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) BY the present writ petition the petitioner has inter alia prayed for a directing commanding the respondents to withdraw and cancel the service excerpts records dated May 5, 1987 and to allow him to work till the year 2016.

(2.) THE petitioner joined the service of the Eastern Coal Fields Limited. He says that at the time of his entry into the service he had declared his date of birth as December 15, 1956 which was recorded in his service book and other relevant documents. In the year 1987 when the excerpts from his service records were given to him he found that the year of birth was recorded as 1953 and he returned the same with his observation that the date of birth has been wrongly recorded and his actual date of birth would be December 15, 1956. He also enclosed the photocopy of the certificate issued by the Headmaster of the school where he studied up to Class VII.

(3.) THE respondents have contested this application by filing an affidavit-in-opposition. The principal contention of the respondents was that since the petitioner had declared his year of birth as 1953 there is no question of any change in the said date as claimed by the petitioner in any record. According to the petitioner's own declaration his year of birth had been recorded as 1953 in all the statutory records. According to the Implementation Instruction-76 the date of birth in case of existing employee should be Matriculation or Higher Secondary certificate or any statutory certified issued prior to the appointment. The school leaving certificate has been issued long after the petitioner's appointment. The respondents further submitted that in the present case there is no question of any variation in any record. The petitioner has no legal right to raise the age dispute at the fag end of his career.