RADHA MOHAN SINGH Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) HEARD the parties.

(2.) PETITIONER passed matriculation examination in the year 1962. In the matriculation certificate his date of birth has been recorded as 5.11.1944. He joined service in 1966 when he was medically examined on 15.6.1966 his age was assessed as 22 years. His age was mentioned in the service book as 22 years without mentioning date and month of his birth. When petitioner came to know about the aforesaid fact, he filed representation before the respondents who enquired into the matter from the Bihar School Examination Board and the Matriculation Certificate was found genuine and the date of birth recorded in the matriculation certificate was found genuine. Inspite of that petitioner was served with a notice of superannuation on 31.1.2004 taking his date of birth as 15.6.1944 instead of 5.11.1944. It is rather absurd to presume that when the petitioner was examined by the Medical Board, that assessment will become the date of birth showing the date, month and year of his birth. There is no dispute that in 1966 he was 22 years of age as per the medical assessment and as per matriculation certificate but how the date and month of the birth of the petitioner when he was examined by the Medical Board will be taken as his date of birth ignoring the date and month recorded in the matriculation certificate.

(3.) THIS writ application is therefore, allowed and the impugned order is quashed. It is held that petitioner will superannuate on the basis of the entry made in the matriculation certificate. Petition allowed.