DILIP KUMAR DAS Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) The instant Letters Patent Appeal has been preferred by the appellant assailing the order dtd. 14/12/2023 passed by the Writ Court in W.P.(S) No. 4737 of 2021; whereby the writ petition filed by the appellant praying for quashing the order dtd. 26/11/2020 passed by the respondent-BCCL rejecting the claim of the appellant for change of date of birth from 20/5/1965 to 12/1/1969 as per the matriculation certificate, has been dismissed.

(2.) The brief facts of the case as per the pleadings are that the appellant was appointed on 6/5/1987 as Miner/Loader at Keshalpur Colliery, Katras area of BCCL. The claim of the appellant is that at the time of joining he had submitted the details before the respondent- authority wherein he mentioned the date of birth as 12/1/1969 based on the admit card of the matriculation examination. After his joining, he received the matriculation certificate on 25/8/1987. However, in the year 2013, when BCCL published vacancy for the post of Overseer through Limited Examination and the appellant was recommended by the Departmental Selection Committee for the post of Overseer, his entire service book was prepared afresh and then the appellant came to know that his date of birth was wrongly mentioned in service excerpts and thereafter he filed a representation on 10/3/2014 annexing his matriculation certificate, however, when nothing was done for a long period of about seven years the appellant preferred the writ application which stood dismissed.

(3.) Learned counsel for the appellant submits that as per Implementation Instruction No. 76, the matriculation certificate has to be taken into consideration by the Management for the purpose of recording of date of birth. As a matter of fact, it is incumbent upon the respondent-Coal Company to correct the date of birth as per the matriculation certificate.