HIRA LAL Vs. STEEL AUTHORITY OF INDIA

JUDGEMENT

(1.) HEARD the parties. According to stamp report dated 16,9.2002, the limitation for filing the present appeal expired on 18,6.2002, whereas it was flled on 20.9.2002. The explanation of the delay aforesaid has been furnished in the petition under Section 5 of the Limitation Act, 1963, at flag L, which, in our opinion, is sufficient. Hence the delay in filing the appeal is condoned.

(2.) THE appellant claimed that earlier he was working with Eastern Railways and in the year 1975 he was employed as Chowkidar with Steel Authority of India Limited at Bhawanathpur Lime Stone Mines, Garhwa. It is not in dispute that in the absence of any birth certificate, his age was assessed by the Medical Board, at the time of his appointment in the year 1975 at 35 years. He was, therefore, born in the year 1940. Accordingly his age, in the personal data form, prepared at the time of his initial appointment was mentioned as 35 years in 1975. He was served with a notice dated 12.7.2000 that he was to superannuate from service on 31.12.2000. On 7.8.2000 appellant filed representation before the Deputy General Manager of Mines, stating, that in the Medical record -cum -Identity Card his date of birth was shown as 19.10.1944 and as such the entry relating to his date of birth in the personal data form may be rectified and corrected as 19.10.1944. Thereafter, the appellant filed C.W.J.C No. 3265 of 2000 in this Court, challenging the said notice dated 12.7.2000. The learned Single Judge dismissed the writ application on 16.5.2002 observing that "there being disputed question of date of birth, this Court is not inclined to decide the issue under Article 226 of the Constitution of India. The petitioner may avail other remedy for decision of disputed question of date of birth."