BACHA SINGH Vs. DIRECTOR (PERSONNEL)

JUDGEMENT

(1.) Aggrieved by order dated 18.06.2002, whereby the date of birth of the petitioner recorded in the matriculation certificate has not been accepted by the respondents, the petitioner has approached this Court seeking a direction upon the respondents to correct/rectify his date of birth and for grant of other consequential benefits to which the petitioner was legally entitled for.

(2.) The petitioner was appointed in the year 1965 as U/G Munshi in Industry Colliery. The petitioner was supplied a copy of the Register and Service sheet on 29.05.1987, in which, the date of birth of the petitioner was recorded as 01.05.1943. On receipt of the copy of the Register and Service sheet, the petitioner made an endorsement thereon intimating the authorities that as per the matriculation certificate, his date of birth is 28.02.1947 and therefore, his date of birth recorded in the Service sheet (which was recorded as 01.05.1943) should be corrected. The petitioner made a representation on 02.03.1994 for correction of his date of birth on the basis of the certificate issued by the Bihar School Examination Board. On 05.10.1998, the petitioner submitted another representation for rectification of his date of birth. When his date of birth was not corrected, the petitioner moved the High Court in W.P. (S) No. 6042 of 2001, which was disposed of vide order dated 21.12.2001 with a direction to the petitioner to submit a fresh representation and the respondents were directed to decide the representation of the petitioner in accordance with the coal wages agreement or any other agreement in this regard. Pursuant to the order dated 21.12.2001, the petitioner submitted his representation along with a photocopy of the matriculation certificate in which his correct date of birth is recorded. By order dated 18.06.2002, the representation of the petitioner has been rejected and therefore, the petitioner has approached this Court by filing this writ petition.

(3.) A counteraffidavit has been filed on behalf of the respondents, in which a plea has been raised that the petitioner himself has authenticated the statutory formB, in which his date of birth has been recorded as 01.05.1943. It has also been stated that the Director (Personnel) did not accept the matriculation certificate of the petitioner on the ground that it was not produced at the time of appointment in 1965 and since a photocopy of matriculation certificate has been submitted at the fag end of his service, it was not accepted by the authorities, as it was not possible to comment upon the authenticity of the certificate.