JHARKHAND STATE ELECTRICITY BOARD Vs. SUMAN KUMAR

JUDGEMENT

(1.) This appeal is preferred against the order dated 25.9.2012 passed in W.P.(S) No. 4808 of 2012, whereby the writ petition filed by the respondent-writ petitioner has been disposed of with a direction to the respondent to file a fresh representation for correction of his date of birth within a period of thirty days from the date of the order. The respondent was appointed on compassionate ground on 15.12.2000 after the death of his father who died during the course of his employment due to electrocution. The respondent was appointed on the compassionate ground and at the time of appointment of the respondent, the mother of the respondent sworn an affidavit stating that the respondent is the sole son of her deceased husband and his date of birth is 8.10.1980. Since the respondent was not a Matriculate, on the basis of the medical report of the Medical Board, date of birth of the respondent was assessed as 21.8.1978. During the process of appointment, the respondent appeared in the Annual Secondary School Examination in 2000 and passed the matriculation examination, in which his date of birth is mention as 8.10.1980. The respondent was appointed as unskilled Khalasi and on the basis of Medical Board's assessment, in the service record, his date of birth was recorded as 21.8.1978. The respondent made representation before the authority for rectification of his date of birth stating that his date of birth is 8.10.1980 and he was asked to submit the original certificates.

(2.) Earlier the respondent filed W.P.(S) No. 3274 of 2005 and the same was disposed of by order dated 30.11.2010, giving the respondent a liberty to file a fresh representation alongwith relevant certificates, with a direction to the appellant to consider the case of the respondent. Stating that the order was not complied with, the respondent filed contempt petition and during the pendency of the same, the authorities rejected the claim of the respondent in terms of the order dated 18.10.11 and consequently the contempt was closed on 15.5.2012.

(3.) The respondent filed another writ-petition, being W.P.(S) No. 4808 of 2012 and the same was disposed of by the impugned order dated 25.9.2012 directing the respondent-writ petitioner to file a fresh representation and directing the appellant-Board to consider the representation of the respondent and pass a fresh order.