LAWS(JHAR)-2018-4-191

SITA RAM SAW Vs. CENTRAL COALFIELDS LTD.

Decided On April 06, 2018
Sita Ram Saw Appellant
V/S
CENTRAL COALFIELDS LTD. Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) Petitioner has approached this Court with a prayer for correction in date of birth which has wrongly been recorded in the service excerpts as 20.03.1948 whereas it should have been 04.09.1952 as per School Leaving Certificate. Further prayer has been made for quashing the reasoned order dated 20.8.2011 as well as 4.10.2011.

(3.) The factual exposition as has been delineated in the instant writ petition is that petitioner was appointed on 04.01.1971 as a 'Drill Khalasi' and thereafter, he has been continuously working to the satisfaction of the respondents. It is case of the petitioner that date of birth at the time of appointment was wrongly entered as 20.01948 whereas it ought to have been entered as 04.09.1952. Wrong entry was done by making entry in Personnel Form at the time of appointment of the petitioner. It is specific case of the petitioner that he was Class-5 passed and his date of birth recorded in School Leaving Certificate is mentioned as 04.09.1952. It has been stated that for the first time in the year 1987, petitioner was communicated regarding his date of birth in the Service excerpts as 20.01948 and as such, objection was made by the petitioner for correction of the same as it has wrongly been entered as 20.01948 in place of 04.09.1952. When no heed was paid to the objection of the petitioner, he made several representations but nothing was done and no steps were taken regarding correction of date of birth, which was wrongly entered in the service book. It has also been mentioned that petitioner appeared in the matriculation examination with due permission of the respondents but finally he could not succeed and in the year 1991, a School Certificate was given to him which also indicates his date of birth as 04.09.1952. Petitioner was served with a copy of notice of superannuation as he had attained the age of 60 years as per records of the respondents. As petitioner had not completed the age of 60 years taking into account his date of birth as 04.09.1952, he knocked door of this Court in the year 2008 vide W.P. (S) No. 1698 of 2008 which was disposed of on 20.6.2011 with a direction to the respondents to consider case of the petitioner in view of implementation of Instruction No. 76 and also in view of Full Bench judgment of this Court in the case of Kamta Pandey Vs. BCCL and others, reported in 2007 (3) JCR 681 (Jhr) : 2007 (3) JLJR 726 and pass appropriate order in accordance with law. The order of this Court was duly complied and reasoned order was passed vide orders dated 20.08.2011 and 04.10.2011 rejecting claim of the petitioner. Being aggrieved by the same, petitioner has again knocked door of this Court.