MOHAN DUSADH Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) Seeking quashing of order contained in letter dated 19.02.2005 passed by the Project Officer, Kustore Colliery Area No. 8, Dhanbad and for a direction to the respondents for consideration of actual date of birth of the petitioner as 01.07.1952 as recorded in Sirdar's Certificate dated 16.01.1985, the petitioner has moved this Court by filing the present writ petition.

(2.) The facts disclosed in the writ petition are that the petitioner was initially appointed on 17.10.1971 in M/s Bharat Coking Coal Limited. The petitioner passed the Mining Sirdar Examination held on 14.11.1984 and accordingly, Sirdar's Certificate was issued to the petitioner on 16.01.1985. The petitioner had passed Class-VII examination in the year 1964. On 29.07.2004, the petitioner made a representation for correction of his date of birth. It has been stated in the writ petition that the petitioner had been representing the matter since 1993. In the year 1990 his date of birth was over-written in the identity card as 26 years as on April, 1972. The respondent No. 5 asked the petitioner to submit documents with a clarification for correction of the date of birth as 01.07.1952. The petitioner accordingly, submitted his representation / clarification on 06.10.2004. The respondent No. 5 wrote a letter to the Headmaster, Damodar Valley Corporation, Middle School, Tilaiya, Hazaribag for verification of the School leaving Certificate of the petitioner and the Headmaster of the said school had affirmed the genuineness of School Leaving Certificate by his letter dated 25.11.2004. However, the respondent No. 5 without considering the materials on record issued letter dated 19.02.2005 holding that the age mentioned in Form 'B' Register would be deemed to be correct.

(3.) Thereafter, the petitioner made representation on 24.03.2005 again However, the petitioner did not receive any response from the respondents and therefore, he has filed the present writ petition. A counter affidavit has been filed on behalf of the respondents in which it has been stated that in the statutory Form 'B' Register the date of birth of the petitioner has been recorded as 26 years, as in April, 1972. The petitioner has himself signed the said Form 'B' Register and even after his transfer from Alkusha Colliery to Kustore Colliery his date of birth has been recorded in the service particulars of Kustore Colliery as 26 years as in April, 1972, however, the petitioner did not raise any objection. It has further been stated that in all the official records the date of birth of the petitioner is recorded as 26 years as in April, 1972.