JANAKI YADAB Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) The appeal is taken up for hearing by treating included in the day's cause list.

(2.) The appellant (Writ petitioner), who is illiterate, was originally employee of Siduli Colliery. Upon the nationalisation of Coal Mil aid Colliery was placed under the control of Eastern Coal Fields which is a subsidiary of Coal India Limited. On May 13, 1987, the appellant was served with an excerpt from his service record which, inter alia, showed that he was thirty seven years of age in 1966. The appellant rejected to his age recorded as such and stated that he was forty-five years of age in 1987 i.e. twenty-four years of age in 1966. The case of the appellant was referred to the Determination Committee which, however affirmed the date of birth mentioned in the service record. On the basis of the age recorded in the service record the appellant was retired on July 1, 1989. Meanwhile, however, the Writ Petition out of which the present appeal arises was instituted and rejected by the judgment under appeal on May 3, 1989. Hence the present appeal.

(3.) It may be stated at the outset that the writ petition was ex parte since none appeared on behalf of the appellant when the matter was taken up for hearing. The trial Court rejected the Writ petition on merits holding, inter alia, that the matter having been referred to the Age Determination Committee and the report of the said Committee being against the appellant, there was no ground to hold otherwise and to accept the contention of the appellant with regard to his correct date of birth.