BHARAT COKING COAL LTD. Vs. SHYAM KISHORE SINGH
SUPREME COURT OF INDIA
BHARAT COKING COAL LTD.
SHYAM KISHORE SINGH
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(2.)The appellants are before this Court assailing the order dated 19.02.2019 passed by the Division Bench of
the High Court of Jharkhand at Ranchi in LPA No.115 of
2018. Through the said order the Division Bench though has modified the judgment and order dated 13.10.2017 of
the learned Single Judge insofar as the extent of relief
granted, the contention of the respondent herein relating
to the change of date of birth in the service records is
accepted and a direction has been issued to the
appellants to pay the sum equivalent to salary of one
year for the period between the April, 2010 to March,
2011. The appellants thus being aggrieved are before this Court in this appeal.
(3.)The brief facts are that the respondent herein was appointed as a trainee in the appellants company. He
was allotted Personnel No. 00473470 and joined service
as Trainee Dozer Operator with effect from 27.02.1982.
Though the respondent claims that he had declared his
date of birth as 20.01.1955 in terms of the entry
contained in his matriculation certificate the fact remains
that his date of birth entered in the service record was 04.03.1950 and had remained so from the date of his appointment on 27.02.1982 till his retirement on
31.03.2010. In the year 1998 the respondent has submitted the Provident Fund Nomination Form wherein
he has indicted the details of his family and shown his
wife as his nominee. In the relevant Form also, the
respondent had indicated his date of birth as 04.03.1950.
The respondent thus having continued in service till the
age of superannuation had retired from service on
31.03.2010. Just prior to his retirement, in the year 2009, a representation had been made by the respondent seeking change of the date of birth entered in the records,
which was declined by the appellants. The respondent
not having agitated the matter further at that point of
time and having retired on 31.03.2010 has after the lapse
of four years filed the W.P.(S) No.6172/2014 before the
High Court of Jharkhand at Ranchi. The appellants
herein having appeared, filed their objection statement.
The learned Single Judge on taking into consideration the
nature of the claim put forth was of the view that when
the respondent raised the issue regarding correction of
the date of birth in the year 2009 the appellants secured
verification of the date of birth claimed by the
respondent from the Bihar School Examination Board,
Patna. On verification it was confirmed that the date of
birth in the school records was 20.01.1955. The said
verification made by the appellants herein has been held
against them by the learned Single Judge and it was
observed that if the date 04.03.1950 as entered by the
respondent in the service records was correct, there was
no occasion for the appellants to verify the same from
Bihar School Examination Board. In that circumstance
the learned Single Judge being of the opinion that the
respondent had passed the matriculation prior to joining
the services and in that circumstance the entry of date of
birth in the matriculation certificate being 20.01.1955
even before joining the service, has accepted the
contention put forth by the respondent and in that
background arrived at the conclusion that the appellants
are to be directed to make appropriate corrections and
pass consequential orders.
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