NAGULA RAMMOHAN Vs. SINGARENI COLLIERIRS CO.

JUDGEMENT

(1.) Heard Sri Kallakuri Srinivasa Rao, learned counsel appearing on behalf of the petitioner and Sri P.Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited appearing on behalf of the respondents.

(2.) The petitioner approached this Court seeking the prayer as under:

(3.) The case of the petitioner, in brief, is that the petitioner was appointed as an Excavation Plant Operator in the respondent company on 25/12/1981, and had submitted all valid documents, including VII Class Certificate and a driving license, both showing the petitioner's date of birth as 2/6/1961. This date consistently reflected in all official records, including the SSC Certificate, Service Register, CMPF records, and training records. However, the 2nd respondent vide proceedings dtd. 24/6/2019, abruptly terminated petitioner's service based on a different date of birth 24/12/1957 without prior notice or proper verification. Being aggrieved with the same, the petitioner filed W.P. No.25249 of 2019 and this Court referred the matter to the Age Determination Committee and the Committee, without conducting radiological/ossification tests and by ignoring valid documents, mechanically assessed the petitioner's age as 24 years as on 24/12/1981, contrary to JBCCI Instruction No.76. However, based on the proceedings of Area Age Determination Committee dtd. 16/1/2020, the Respondent No.2 issued proceedings dtd. 31/1/2020, upholding the previous termination proceedings of the petitioner dtd. 24/6/2019. Aggrieved by the same, the petitioner filed the present writ petition.