KAILA MANDAL Vs. CENTRAL COAL FIELD LIMITED

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for a direction on the respondents to accept his date of birth as 16.9.1949 which has also been mentioned in the Sirdar 'scertificate for correcting and replacing the date of birth mentioned in the service sheet by 16.9.1945.

(2.) IT has been stated that the petitioner was initially appointed on 24.6.1968 as Mazdoor, P.R. Loader and was posted at Jarandih C.C.L. The petitioner was promoted as Mining Sirdar on 8.5.1987 and was transferred to Swang Colliery, C.C.L, Kathara Area. The petitioner was then transferred to Govindpur Project in 1988 and since then he had been performing his duties as such the petitioner had given his date of birth as 16.9.1949 at the time of his initial appointment.

(3.) A counter affidavit has been filed by the respondents refuting the petitioner 'sallegation and stating, inter alia, that the petitioner has unnecessarily raised the dispute of age at the fag end of his service after having accepted the entries recorded in the Company 'srecords as well as the service records of the petitioner. It has been stated that the petitioner had made prayer for alteration of the date of birth recorded in the service book also at the earlier stage, but his said prayer was rejected by order dated 25/26.3.79 (Annexure -D). The petitioner accepted the said order and no challenge was made for more than two decades and after lapse of about 25 years when the petitioner was at the verge of retirement, he had raised the said issue which was settled long ago. It has been stated that the petitioner 'sdate of birth is recorded as 16.9.1945 at the very inception as per the Medical Report Sl. No. 78 dated 16.9.1970 duly certified by the then Medical Officer, Jarangdih Colliery. The record also contains thumb impression of the petitioner acknowledging the acceptance of the said entry of his date of birth. There was never any alteration/interpolation in the petitioner 'sdate of birth. The said date has been recorded in Form B Register which is a statutory record under the Mines Act. The petitioner has himself made declaration in the C.M.P.F record on 16.9.1970 wherein he has also mentioned his date of birth as 16.9.1945. The said declaration has also been authenticated by the then Medical Officer, Jarangdih Colliery and the petitioner had also put his thumb impression. It has been stated that the petitioner has never furnished School Leaving Certificate earlier at any stage of time, inasmuch as, the said certificate cannot be relied upon in terms of the service rules of the Company which recognize only Matriculation Certificate or Higher Secondary Certificate or the Board 'sMiddle Certificate in support of the date of birth of an employee. It has been stated that so far as the date of birth mentioned in the Medical Board Certificate dated 19.3.1981 (Annexure -2) is concerned, the same was mentioned after entry of the date of birth in the petitioner 'sservice records and the same does not tally with the petitioner 'sdate of birth recorded in the statutory service record i.e. Register B Form and C.M.P.F record.