- (1.) On 13/12/1972 the writ petitioner Bhagirath Ghosh was appointed as Assistant Electrical Foreman in Eastern Coalfields Limited (for brevity referred to as E.C.L) which is a subsidiary of Coal India Limited. According to the petitioner, his date of birth as per his admit card issued by the West Bengal Board of Secondary Education is 06/03/1956 but in his service record maintained by the E.C.L his date of birth has wrongly been recorded as "1950" without specifying the actual date. The petitioner came to know about such erroneous entry from the letter dated 04/07/1987 of the Manager of the E.C.L and accordingly by several representations requested the concerned authority to rectify the error but in vain. As the E.C.L failed to correct the erroneous recording of the date of birth of the petitioner on the basis of his admit card, he was constrained to file a writ petition in this Court being W.P. No. 12693 (W) of 2001.
(2.) Vide Order dated 1st August, 2006 the learned Single Judge disposed of the aforesaid writ petition with the observation that "E.C.L has practically no answer to the case made out by the petitioner in support of his actual date of birth nor the E.C.L has ever expressed any intention to question the correctness of the date of birth as shown in the petitioner's admit card and/or the case made out in the writ petition."
(3.) The operative part of the order of the learned Single Judge reads thus: "In that view of the matter, the writ petitioner is directed to produce the original Admit Card as produced in Court today to the E.C.L authority within a reasonable time and definitely after obtaining the certified copy of this order and once such original Admit Card is produced before the E.C.L authority, the E.C.L authority shall record the actual date of birth of the writ petitioner as shown in the Admit Card of the writ petitioner issued by the West Bengal Board of Secondary Education accordingly, the index number of which is 0213-221, and on that basis the date of birth of the petitioner shall be treated as 6th day of March, 1956 and not 1950 as wrongly shown in the said letter of appointment of the petitioner as well as the record of the concerned respondent/E.C.L.";