BHARAT COKING COAL Vs. RAM SINGH

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred against the order dated 05.07.2011 passed in W.P.(S) No.2267 of 2005 whereby the prayer of the petitioner with respect to correction of date of birth has been allowed. Learned Single Judge has allowed the prayer of change of birth date from 1-7- 1946 to 2-7-1950.

(2.) The facts of the case is that the respondent (original petitioner) has entered in employment of the erstwhile coal mine owner, as Havildar at Kusunda colliery with effect from 11.10.1971 and at the entry point of appointment, the original petitioner disclosed his date of birth as 01.07.1946, which was duly recorded in Form 'B' register which is statutory register, maintained by the employer and in the said Form 'B' register, the original petitioner has put his signature against such entry in acceptance of his date of birth as 01.07.1946. Thereafter, in the year, 1987, all the employees of BCCL were asked to furnish their service details in prescribed service excerpt Form. In the service excerpt form, the date of birth of the respondent (original petitioner) has been clearly mentioned as 01.07.1946, and the said entry was accepted by the respondent/original petitioner, without raising any question with respect to recording of his date of birth as 01.07.1946.

(3.) It appears that vide letter dated 31.12.1991, for the first time, the respondent/original petitioner claimed to be matriculate with date of birth as 02.07.1950, as mentioned in the matriculation certificate. It is pertinent to mention here that though he did matriculation prior to his initial appointment, but he did not submit his matriculation certificate. It was only in the year 1991, when he was promoted to the post of Assistant Sub-Inspector for which the minimum qualification was matriculation, the employee raised this issue. It has vehemently been argued by the appellant that the date of birth of respondent/original petitioner has been recorded in Form 'B' register as per disclosure made by the respondent/original petitioner himself. It has also been argued by the appellant that the date of birth recorded in statutory Form 'B' cannot be changed, if not changed within 10 years of the date of entry in the services. In the instant case, the date of entry in service of the original petitioner is 11.10.1971, therefore, allowing the writ petition by the learned Single Judge and directing the employer to correct the petitioner's date of birth as per the matriculation certificate is nonest in the eye of law. It has been argued by the original petitioner that his date of birth is 02.07.1950. He further argued that there is no error in the order of learned Single Judge and the instant appeal deserves to be dismissed.