MD JAHANGIR KHAN Vs. CENTRAL COALFIELDS LTD

JUDGEMENT

(1.) THE petitioner has assailed the letter No. 825 dated 05.03.2013, Annexure -3 whereunder he would retire on 28.02.2014 treating his date of birth 11.02.1954. According to the petitioner, he was appointed on compassionate ground on 07.03.1973 and thereafter, he passed matriculation examination in the year 1976. In his matriculation certificate, his date of birth is clearly mentioned 09.01.1959.

(2.) THE affidavit filed on behalf of the respondents as also by the petitioner himself, enclosing documents maintained by the respondents themselves, however, portray that there is atleast some confusion in the office of the respondents themselves with respect to correct date of birth of the petitioner. The duplicate service book, which has been annexed by the respondents as Annexure -E, shows that date of birth of the petitioner is 11.12.1954 by which reckoning he would reach the age of 60 years on 11.12.2014. The gradation list which has been enclosed as Annexure -5 to. the affidavit of the petitioner" also shows date of birth -of the 'petitioner has been treated to be 11.12.1954 and the said documents is of year 2010. Apart from that the letter at Annexure -10 issued by the Project Officer, Bokaro Colliery dated 18.05.2000 refers the chronology of facts inter alia that the petitioner had submitted an affidavit in the year 1980 and also referred at para -5 in the said letter that the Educational Qualification of the petitioner was inquired into. He was also granted promotion from time to time. Annexure -11, 12 and 12/1 annexed to the said supplementary affidavit also relate to verification of the father's name of the petitioner and also relating to the matriculation certificate, which has been sought for from the Principal, R. B. High School, Bermo, district -Bokaro and further the report of the Principal of the R.B. High School, Bermo issued on 20.05.1994.

(3.) THE plea that the respondents have taken in their counter affidavit is that reckoning the age of the petitioner as 1959, as claimed by him, he would have only 14 years and few months only which could not be countenanced for the purpose of employment under the respondent -Company in mines.