ERKI RAMULU Vs. C MD, SCC LTD, ANOTHER

JUDGEMENT

(1.) This writ petition is filed seeking a Writ of Mandamus, declaring the action of respondents in not correcting the petitioner's date of birth as 04.07.1962 as per the Certificate of Birth issued by the Registrar of Births and Deaths under Sections 12 and 17 of the Registration of Births and Deaths Act of 1969, and incorporating the age of petitioner on 22.07.1981 by wrongly assessing his date of birth as 06.06.1956, acting contrary to Instruction No.76 of NCWA III Age Assessment Rules, basing on the erroneous procedure pressing into service the impugned letter Ref.No.R.G-3/OC-2/W.O./P014/1542, dated 08.06.2015 issued by the respondents, as illegal, arbitrary and violative of Articles 16, 19 (1)(g) and settlements and circulars and provisions of Industrial Disputes Act of 1947 and 1988 JBCCI Rules and sought a consequential direction to permit the petitioner to continue in service upto 30.07.2022 with all service benefits under the peculiar facts and circumstances of the case.

(2.) Heard Ms.Sudha Ghatrazu, counsel for petitioner and Sri J.Srinivas Rao, Standing Counsel for respondents.

(3.) It has been contended by the petitioner that he was initially appointed as a Badli Filler on 09.07.1981 and later on he was promoted as Timberman, Category-IV on 01.07.1982, to Category-V on 01.01.1992 and further promoted in C-Grade on 01.01.2007. The petitioner further submitted that during June, 2009, he was declared as medically unfit to work underground and during November 2009, the petitioner was given posting on surface. The petitioner further submitted that his actual date of birth is 04.07.1962 and as per his correct date of birth, he is entitled to be continued in service upto 30.07.2022, but the respondents are treating the date of birth of the petitioner as 06.06.1956 and based upon such incorrect date of birth, they are taking steps to retire the petitioner with effect from 30.06.2016. Challenging the same, the present writ petition is filed.