MAHENDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the B.C.C.L.

(2.) LEARNED counsel appearing for the petitioner submits that at the time of entering into the service, age of the petitioner was recorded as 22 years on 31.1.1973 in Form -B (old). After the nationalization of the coal companies, age of the petitioner was recorded 80s 28 years on 1.4.1980 in Form -B (new). Subsequently, date of birth of the petitioner was wrongly recorded in non -executive information system, a computerized record maintained at the Headquarter of the Company. As the entry in that record was different than what was there in Form -B (old and new), that entry made in the non -executive information system was challenged before this Court and this Court after hearing both the parties set aside the order (Annexure -5) and directed the authority to fix the date of superannuation in accordance with the date of birth recorded in statutory Form -B but that direction of the Court was never obeyed as the petitioner was made to superannuate taking date of birth as 31st January, 1951 instead of 1.7.1952 which date of birth had been recorded in service excerpt and had been produced before this Court as Annexure -4 to the writ application and therefore, the authority has committed contempt of the court by disobeying the order of this court.

(3.) HOWEVER , it was replied by learned counsel appearing for the petitioner that actual date of birth is 1.7.1952 which has been recorded in service excerpt which has been supplied to the petitioner.