SURENDRA NATH SINGH, Vs. BHARAT COKING COAL

JUDGEMENT

(1.) The instant intra-court appeal is under Clause 10 of the Letters Patent directed against order/judgment dated 06.04.2018 passed by learned Single Judge of this Court in W.P.(S) No.3526 of 2015 whereby and whereunder the writ petition has been dismissed by not interfering with the letter dated 30.05.2012 whereby the appellant/writ-petitioner has been given information regarding his superannuation w.e.f. 30.11.2012.

(2.) It requires to refer herein that one interlocutory application had been filed being I.A. No.9451 of 2018 to condone the delay of 91 days in preferring the instant appeal which has already been condoned vide order dated 24.06.2020.

(3.) The brief facts of the case which require to be referred herein reads hereunder as: The appellant/writ-petitioner joined the service of the Bharat Coking Coal Ltd. on 27.12.1974 and was posted as Time Rated Worker in Sudamdih Shaft Mines of BCCL, Dhanbad. He was transferred to Sudamdih Coal Washery in the year 1980 and was granted the benefit of 1 st ACP in the year 2006. The claim of the appellant/writ-petitioner is that the service records did not come to Sudamdih Coal Washery and in the excerpt of attendance register, the date of appointment of the appellant/writ-petitioner has been mentioned as 27.12.1974 and the date of birth is given as 08.12.1954 as would appear from serial No.96 thereof. The appellant/writ-petitioner further claimed that he was issued one I.D. card wherein the column of date of birth has been kept vacant due to which the appellant/writ-petitioner has the impression that his date of birth has not been mentioned in the service record. It is further the case of the appellant/writ-petitioner that the nominee form of the appellant/writ-petitioner was prepared on 26.06.1987 and in that also, the date of birth of the appellant/writpetitioner has been given as 08.12.1954. Subsequently, when he was transferred to Sudamdih Coal Washsery, a new Form 'B' was prepared by the respondent-management, it is only then the appellant/writ-petitioner got information regarding change of his date of birth, upon getting such information, the appellant/writpetitioner represented before the respondent-authorities to correct his date of birth as per the CMPF record of 13.07.1994 but the respondents have sat tight over the matter for several years and finally vide letter dated 30.05.2012 the respondents informed the appellant/writ-petitioner that he is going to retire on 30.11.2012, thereafter, vide letter dated 05.07.2013, the appellant/writ-petitioner was informed to appear before the Medical Board, Koyla Nagar Hospital on 10.07.2013 at 9:30 a.m., after a year of his retirement, therefore, the appellant/writ-petitioner approached to this Court for ventilating his grievance that he be treated in service treating his date of birth as mentioned in the CMPF record as 08.12.1954, however, the same has been dismissed inter alia on the ground that the writ petition has been filed after three years from the date of his retirement.