RANDHIR SINGH Vs. CENTRAL COALFIELDS LTD

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for quashing that part of the office order as contained in Letter No. PO/KUGP/99/7912-25 dated 17.2.2000 issued by the Project Officer, Kedla Underground Project, whereby petitioner has been intimated that he would superannuate with effect from 10.8.2000 and further to allow the petitioner to work till his date of superannuation i.e. 26.12.2004 by declaring date of birth of the petitioner as 26.12.1944.

(2.) Petitioner's case is that he passed matriculation examination from High School, Khaira in the district of Jamui and in the matriculation certificate, his date of birth has been recorded as 26.12.1944. In 1976, petitioner was appointed as Mining Sirdar, Grade-I and pursuant to appointment letter, he joined as such on 3.3.1976. Petitioner's further case is that his date of birth was recorded as 26.12.1944 in Form-B register on the basis of matriculation certificate. In the Identity-card, his date of birth was recorded as 26.12.1944. It is contended by the petitioner that respondent No. 5, suddenly on 20.8.1999 issued a charge-sheet to the petitioner making allegation of suppression of factual information relating to his date of birth, inasmuch as in other certificates, the date of birth of the petitioner was recorded as 10.8.1940. It is alleged by the petitioner that on 27.9.1999, the Welfare Officer, Kedla Underground Project without notice to the petitioner altered the date of birth of the petitioner recorded in Form-B register.

(3.) A counter-affidavit has been filed on behalf of the respondents. It is stated that petitioner was appointed under respondent-C.C.L. on 3.3.1976 as Mining Sirdar which is statutory post, he 'rose to the level of Senior Overman which is also statutory post. It is stated in all his statutory certificates his date of birth has been recorded as 10.8.1940. However, in the service book of the petitioner his date of birth was recorded as 26.12.1944 on the basis of attested copy of matriculation certificate submitted by the petitioner only on 3.8.1988. Subsequently, on complaint a vigilance investigation was made by the Chief Vigilance Officer in which discrepancies were noticed in the date of birth of the petitioner. Accordingly, matter was re-examined by the competent authority and it was decided that the date of birth of the petitioner recorded in the service-book shall be corrected on the basis of date of birth recorded in his statutory certificates on the basis of which he was appointed in the Company.