LAWS(JHAR)-2008-7-181

SUSAN DAS Vs. EASTERN COALFIELDS LTD. AND ORS.

Decided On July 09, 2008
Susan Das Appellant
V/S
Eastern Coalfields Ltd. And Ors. Respondents

JUDGEMENT

(1.) THE grievance of the petitioner, in this writ petition, is that though he raised a grievance regarding the wrong entry of date of birth in the service records long before, but till date there has been no determination or assessment of his age. The petitioner's objection regarding the wrong entry was to be decided by the authority, which has been prescribed in the Instruction No. 76 of the Implementation Instruction but the same has not been done. The petitioner was not referred to Medical Board, as per the procedure prescribed for determining the age of an illiterate employee. The respondents have dealt the said objection in perfunctory way and without following the due provisions have rejected the petitioner's claim. It has been stated that respondents are bound to follow the procedure prescribed in the Implementation Instruction. Rejection of the petitioner's grievance contrary to that is arbitrary and illegal.

(2.) A counter affidavit has been filed on behalf of the respondents contesting the petitioner's claim. It has been stated, inter alia, that the objection raised by the petitioner was referred to the Age Assessment Committee of Nirsa Area Eastern Coalfields Ltd. The Committee assessed the age of the petitioner by determining the Date of Birth as 8.5.1949. The determination made by the Assessment Committee was communicated to the petitioner long back vide letter dated 13.4.1989. The petitioner has, thus, no valid claim/grievance to be raised at this stage, after lapse of a long time. The petitioner once again raised the same objection by an application dated 18.01.2006. The same was forwarded to the higher authorities of the Eastern Coalfields Limited vide letter dated 25.7.2006.

(3.) THE petitioner has relied upon the provisions of the Implementation Instruction No. 76, which, according to him, is the prescribed procedure for determination/revision of his age.