KAMTA SINGH Vs. CENTRAL COAL FIELD LTD

JUDGEMENT

(1.) IN the instant writ application, the petitioner has prayed for quashing of Annexure -5 to the writ application issued under the signature of Respondent No. 2 dated 9.3.1996 whereby the petitioner was informed that he would stand retired from the service of Bachra Project of Central Coal fields Ltd. with effect from 17.12.1996 (F.N.) and for a direction to the respondents to allow the petitioner to continue in service till June, 2010 on the basis of his actual date of birth i.e. 20.6.1950 after accepting his date of birth as recorded in his Service Book and C.M.P.F. record.

(2.) THE case of the petitioner is that he was initially appointed as Loader on 20.6.1975 and was posted at Bachra Project of Central Coal fields Ltd. Subsequently, he was promoted to the post of Tyndal CAT -IV and is still continuing on the said post. According to the petitioner, at the time of his initial appointment, he declared his date of birth to be 20.6.1950 which was also recorded in his Service Book and further that the said date of his birth was also recorded in the record of Coal Mines Provident Fund. It is further stated that in the year 1986, the petitioner was forced to appear before the Age Assessment Committee constituted by the Management. According to the petitioner by an order dated 19/20.12.1987, a char -gesheet was also issued against him and he was asked to show cause as to why he refused to put his signature on the record of the Age Determination Committee, but the said proceeding was ultimately dropped. The Age Assessment Committee submitted its report dated 1.8.1986 whereby the age of the petitioner was determined to be 50 years on that day. The petitioner filed a representation challenging the said report of the Committee and he stated that his age was wrongly decided as he was only 42 years of age on that date. It is said that by issue of the notice dated 9.3.1996 contained in Annexure -5 he was informed that he would stand retired with effect from 17.12.1996 (F.N.)

(3.) THE learned counsel for the petitioner has further drawn my attention to Annexure -4 to the rejoinder of the counter affidavit which is a Circular dated 25.4.1998 issued by the Coal India Ltd., on the basis of National Coal wage Agreement III and has submitted that the determination of age of the petitioner by the Age Assessment Committee is not in confirmity with the procedure laid down in the said Circular of Coal India Ltd. dated 25.4.1998. Learned counsel for the petitioner has relied on a decision of the Apex Court in the case of Jiwan Kishore V/s. Delhi Transport Corporation and another, AIR 1980 SC (2) 1251, and also the orders passed in CWJC No. 3629 of 1995 (R) dated 11.10.1996 and CWJC No. 3961 of 1994 (R) dated 11.8.1994 whereby the High Court directed for constitution of the Medical Board for reassessment of the age of the petitioner in those cases.