DIGVIJAY SINGH Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) THE petitioner is an employee of M/s Bharat Coking Coal Limited. He joined his service on 16.12.1972. Before joining the service, he had passed the Matriculation Examination in the year 1966

(2.) ACCORDING to the Implementation Instruction of the respondents -Company, the evidence of date of birth of a person, who is Matriculate, is Matriculation Certifi is cate.

(3.) THE said Deputy Chief Personnel Manager, Govindpur Area by his letter dated 15.9.06 forwarded the representation with the said report and his recommendation to the General Manager, Govindpur Area for consideration and necessary order in view of the Company's Implementation Instruc is tion No. 76 (Annexure -4). The said Deputy Chief Personnel Manager, Govindpur Area in his report also mentioned that no old and original Form -B of Akshkinaree Col is liery, where the petitioner was initially ap is pointed, is available. Hence his age re is corded in the Matriculation Certificate is to be taken into consideration as per the Implementation Instruction' No. 76. The grievance of the petitioner is that in spite of the said recommendation, no order has been passed and the date of birth has not been corrected in the service record. The petitioner, in the meanwhile, has been forced to retire w.e.f. 31.1.07. Aggrieved by the said attitude of the respondents, the petitioner has filed this writ petition and prayed for quashing the notification served on him by Letter No. 603 dated 16.8.06 by the respondent No. 3 and has also sought for a direction on the respondents to make necessary 'correction in the date of birth wrongly recorded in the Com is pany's records allowing the petitioner to continue in service up to January 2009.