MANIK CHAND GHOSH Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) AS both the writ petitions have been preferred by the common petitioner and relate to date of birth, they were heard together and are being disposed of by this common order.

(2.) IN WP(S) No. 3343 of 2002, the petitioner has challenged the order, contained in letter No. 2617 dated 23rd February, 2002, whereby and whereunder, the petitioner has been communicated the date of birth as assessed by the Date of Birth Committee i.e., 11th of August, 1943. Further prayer has been made to direct the respondents to treat his date of birth as 17th April, 1953. 20/5/2014 Page 114 Dr.Bikrama Prasad Versus Coal India Ltd.

(3.) ACCORDING to the petitioner, he was appointed in the service of Ex -Private Company on 4th December 1972, which was later on taken over by the respondent Bharat Coking Coal Limited (for short BCCL). His date of birth was recorded as 17th May, 1953 in the Identity Cared issued on 26th April, 1974 as well as in the CMPF account allotted to him on 2nd February, 1977. In the School Leaving Certificate issued on 14th June, 1980 it is recorded as 17th April, 1953, but all of a sudden, it was shown as 11th August, 1943 in the Computerised list of workers published on 5th March, 1998. He having apprehended some mistake, represented prior to the publication of the list on 17th March, 1998, whereinafter the authorities referred the matter to the Date of Birth Committee, which assessed his age as 43 years, on the basis of which the date of birth as 11th August, 1943, has been conveyed by letter dated 23rd February, 2002.