NIRANJAN LAL AGRAWAL Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) In the instant writ application, the petitioner has inter alia prayed for issuance of direction to the respondents to quash notice of retirement dated 28/30.01.2010 bearing letter no. 5580 whereby the Petitioner has been informed that he would retire from the services of the Company (B.C.C.L.) on 30.06.2010 on completion of 60 years of age and further prayed for a direction upon the respondents to make necessary correction in the office record regarding the date of birth which has been wrongly mentioned by the Respondents as 23.06.1950 which is to be corrected and read as 08.06.1952 and has also prayed for a direction upon the concerned Respondents to allow the Petitioner to continue in service for further two year i.e. till 30.06.2012 as per his correct date of birth i.e. 08.06.1952 when he would actually attain the age of 60 years.

(2.) Sans details, the facts as averred in the writ application, in a nutshell is that the petitioner joined the services in the year 1971 with Albian Colliery (the erstwhile owners) after passing his 7th Board Examination conducted by Bihar School Examination Board, Patna in the year 1965 and since then he has been working at different capacities and grades and even after take over of the colliery by the Government of India which is at present known as BCCL the petitioner has been regularly working under the respondents. The petitioner is working as senior cashier at Barora Area office, Area No. 1, situated at village Dumra, P.S. Baghmara District - Dhanbad, Jharkhand. The petitioner after passing his 7th Board Examination in the year 1965 before his employment, had passed his Matriculation Examination in the year 1974 from Govt. Higher Secondary School, Jagjiwannagar. The date of birth as per the school certificates of 7th as well as Matriculation is 08.06.1952. School Certificates and mark sheet of Board Examination are being annexed as Annexure -1 series to the writ application. The petitioner had submitted the aforesaid pass certificate of 7th Board Examination before his employers at the time of appointment and joining the services and thereafter submitted his pass certificate and mark sheet of Matriculation Examination before his employers. The petitioner vide his representation dated 07.10.2003 represented before the Respondent No. 2 and requested the authority to incorporate the necessary change in the date of birth particulars in Form -B register. Vide his representation dated 24.06.2004 the Petitioner submitted his reminder with the concerned Respondent for changing the date of birth and pursuant to the petitioner's representation, the Management corresponded with the Bihar School Examination Board, Patna for verification of the certificates and the date of birth of the petitioner and accordingly also deposited necessary fee for verification with B.S.E.B., Patna. Thereafter, the petitioner came to learn that the certificates and the date of birth were verified by the Management from B.S.E.B. and the date of birth of the petitioner is 08.06.1952 and vide note sheet dated 28.07.2004 signed by three officials, namely, Dy Chief Personnel Manager, Personnel Manager and Chief General Manager, Barora Area the case of the petitioner was considered and recommended for correction of the date of birth by observing that since the date of birth recorded in certificates are prior to his date of appointment, the case deserves for consideration. Inspite of the aforesaid recommendation necessary corrections were not carried out by the Management. The petitioner from time to time kept on submitting his reminders before the concerned Respondents. Few of such reminder representations are being annexed as Annexure -6 series to the writ application. The petitioner was taken by surprise when he was served with the notice of retirement dated 28/30.01.2010 bearing letter no. 5580 whereby he was informed that he would retire from the services of the Company on 30.06.2010 on completion of 60 years of age. The petitioner vide his representation dated 05.04.2010 requested Dy. General Manager, Barora Area, B..C.L. For correction of his date of birth and informed that as per his date of birth recorded in the certificates his date of retirement should be 30.06.2012. The petitioner submitted all the desired documents from time to time to the concerned respondents for doing the needful but without considering the correctness of the case of the petitioner, he has been noticed to retire prematurely on the basis of the wrong date of birth entered in the Company records. Left with no other efficacious, alternative and speedy remedy, the petitioner has been constrained to approach this Court invoking the extraordinary jurisdiction of this Court under article 226 of the Constitution of India for redressal of his grievances.

(3.) Heard Mr. Ramit Satendra, learned counsel for the petitioner and Mr. Indrajit Sinha, learned counsel for the Respondents -B.C.C.L.