CHITRAMAN GURUNG Vs. COAL INDIA LTD. AND OTHERS

JUDGEMENT

(1.) The petitioner is seeking a mandamus directing his employer (Eastern Coal Fields Limited) to allow him to remain in service till June 30, 2010. On the basis of the date of birth recorded in the service records he was superannuated on June 30, 2006.

(2.) He joined the erstwhile coal company that maintained the statutory B- form recording his age in 1974 as 28. In the writ petition he has alleged that the signature in the relevant column of the statutory B-form was not put by him. After nationalisation he became an employee of the Eastern Coal Fields Limited. In 1986 he signed the service register recording his year of birth as 1946 (this signature is not disputed by him). In March, 1987 the company supplied him important excerpts from his service records. In the document his year of birth was mentioned as 1946. He was called upon to give objection, if any. He gave objection writing, "I give objection regarding my date of birth written as 1946. This will be 1953. I pray before competent authority to correct date of birth as 1953 instead of 1946." In Feb. 1995 he gave option for availing leave travel concession. In that he mentioned his year of birth as 1946. That document was signed by him.

(3.) On March, 20, 1997 he wrote a letter to the General Manager (Personnel) of the company seeking correction of his recorded age. He claimed that in the records of previous companies in which he worked his year of birth had been recorded as 1950. On the basis of the application the authorities examined the matter. Certain records were placed to show that date of birth of one unique man No. 089577 was 1950. After examining the matter closely the general manager concerned gave his decision dated May 15, 1997 holding that there was no document to substantiate that the photo copy of document No. 304 related to the petitioner whose unique man No. was 103045. In the circumstances the authority gave final decision dated May 17, 1997 rejecting the request for age correction.