MUNNA SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Writ Petitioner has been directed to be superannuated. This has given rise to his grievance that his Date of Birth has been wrongly recorded in his service book, which requires immediate correction. Also that he would be entitled to join in duties as a 'Foreman' at Tara (East) & (West) Coal Mines and vide an order of this Court, this may immediately be materialized. Immediate release of all unpaid salary of him is the other prayer, to redress his grievance that his salary has been illegally withheld by the Respondent Corporation. Hence, this Writ Petition.

(2.) The Writ Petitioner's case as has been made out in the instant Writ Petition may be summarized in a nut-shell as herein below: The Petitioner has been an Employee of M/s. EMTA Coal Limited and he is said to have been posted at Tara (East) & (West) Coal Mine, in the capacity of a Foreman.

(3.) Mr. Ghosh, representing the Writ Petitioner has submitted that the Tara (East) & (West) Coal Mine at which the Writ Petitioner was engaged as a Foreman, has always been under the direct supervision and control of the Respondent No.2/Corporation. Hence, the Corporation owes the responsibility of maintaining its Employees in terms of the settled rules and laws. Mr. Ghosh submits that in case of the present Writ Petitioner the Respondent-Corporation has unjustifiably discriminated him from the service benefits and the actual years of service and thus the vital statutory as well as the constitutional rights of his client is jeopardized. By referring to the documents annexed with the Writ Petition, Mr. Ghosh has submitted that the actual Date of Birth of the Writ Petitioner is something else than it has been considered to be, by the said Respondent and his actual Date of Birth, i.e., 2/4/1972 is duly recorded through the appointed agent of the Respondent No.2/Corporation in the records. Accordingly, he says, that the Respondent Corporation has erred and acted illegally in not considering the duly recorded actual Date of Birth of the Writ Petitioner. Thus, the superannuation of the Writ Petitioner is pre-mature and illegal. Mr. Ghosh has insisted that the Writ Petition may be allowed by issuing necessary directions as regards correction of Date of Birth of the Writ Petitioner, his reinstatement with the Respondent-Corporation, as well as release of his salaries.