BINDESHWARI MAHTO, SON OF LATE RAMESHWAR MAHTO, RESIDENT OF VILLAGE Vs. EASTERN COALFIELDS LIMITED, SANCTORIA, P.O. AND P.S.

JUDGEMENT

(1.) This application has been filed for a direction commanding the respondents to correct the date of birth of petitioner.

(2.) It is submitted that at the time of opening of service book, the respondents have not entered the date of birth of the petitioner in the service book and later on they get the age of petitioner assessed by Apex Medical Board. It is submitted that the Apex Medical Board had assessed the age of the petitioner in between 40-45 years, but the respondents have arbitrarily fixed the age of the petitioner 42½ years. It is submitted that since the respondents had committed the mistake, therefore, it should be presumed that the petitioner's age is only 40 years. It is further submitted that the date of birth of petitioner's elder brother namely Ram Narayan Mahto is 12.05.1956. Thus, the assessment of age of petitioner made by the respondents is incorrect. It is submitted that in that situation the petitioner will become elder to his elder brother. Accordingly, it is submitted that the respondents be directed to correct the age of the petitioner.

(3.) It appears that the Apex Medical Board has assessed the age of the petitioner in the year 1997. It is admitted by the petitioner that the said assessment was unsuccessfully challenged by him. It further appears that the respondents had fixed the age of the petitioner as 42½ years, which is in between 40-45 years on average basis, therefore, the aforesaid decision of the respondents is not unreasonable.