MUNESHWAR MISTRY Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) Heard Mr. Saurav Arun, learned counsel for the petitioner, as well as Mr. Indrajit Sinha, learned counsel for the Respondent-BCCL.

(2.) In this writ application, the petitioner has sought for issuance of writ of certiorari for quashing the Notice dated 17.02009, issued by the respondent no. 6 vide Annexure-5 pertaining to his retirement on attaining the age of 60 years as per the date of birth recorded in the Company record and further prayer has been made for issuance of direction upon the respondents to correct the date of birth of the petitioner as "05.04.1955". Further prayer has been made not to give effect to the Notice dated 17.02009 and to allow the petitioner to work accordingly, till he attains the age of 60 years on the basis of date of birth i.e. 05.04.1955.

(3.) Shorn of unnecessary details, the facts, as has been disclosed in the writ application, are that the petitioner was initially appointed as the Helper in the year 1974 and during course of his services, the petitioner continued to work as 'Welder' in Sudamdih Coal Washery under the Respondent-BCCL and as per the averments made in the writ application, the date of birth of the elder and younger brothers of the petitioner has been shown under Form 'B' Register and they are also continuing in services. Therefore, the petitioner submitted representation on 102008 for correction of date of birth as 05.04.1955 in place of 17.04.1949, which has been changed and corrected by the BCCL without any show cause. The petitioner sought certain documents under the Right to Information Act, more particularly Form 'B' Register under the Right to Information Act and the petitioner was informed that the said Register is not available since the same has been received by the Director General of Mines (Safety), as evident from the letter dated 25.09.2008 vide Annexure-3 to the writ application. Thereafter, the petitioner has been informed that after examining the case, since there is no cutting/overwriting in the statutory records, so the date of birth cannot be rectified, as evident from Annexure4 to the writ application. Thereafter, vide impugned Notice dated 17.02.2009, the petitioner has been served with the notice of retirement, which is impugned at Annexure-5 to the writ petition. On receipt of the impugned Notice, the petitioner submitted representation on 15.05.2009, for correction of the date of birth, but, all in vain. Thereafter, the petitioner approached the office of the Director General, Mines (Safety) for obtaining Form 'B' but the same has also been denied, as evident from the letter dated 01.06.2009 and 12.06.2009 vide Annexure-7 and 7/1 to the writ application. Therefore, being aggrieved by the impugned notice, vide Annexure-5, the petitioner has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of his grievances.