AMRITA SINHA,J. - (1.) The petitioner was an employee of the Eastern Coalfields Limited. He has filed the present writ application praying for correction of his date of birth in his service records. According to the petitioner his correct date of birth is 3rd January, 1961. The petitioner complains that the respondents have erroneously recorded his year of birth in his service records as 1956. According to the petitioner he ought to retire in the year 2021 but in view of the wrong recording of his date of birth he has been made to retire on 1st July, 2016.
(2.) In the instant matter by an order dated 29th June, 2016 the court directed that the notice of superannuation will remain stayed till the disposal of the petition. In the event it is discovered that the petitioner's date of birth is as suggested by the petitioner he will continue in employment. If the employer is found to be justified in having issued the notice of superannuation, the petitioner will not be entitled to any benefit after 30th June, 2016. The court further directed that for the period till 12th July 2016 the petitioner will report to the employer but will not undertake any duties. The parties were directed to exchange affidavits and the matter was made returnable on 12th July, 2016.
(3.) The court by an order dated 3rd August, 2016 observed that the issue that has arisen for consideration is whether the date of birth of the petitioner disclosed in the identity card or the date of birth recorded in the statutory register maintained under the Mines Act , is to be regarded as correct. After hearing the detailed submissions made on behalf of both the parties the court directed the respondents to constitute an age determination committee/medical board for determination of his age in the manner required by Implementation Instruction no. 76 of the NCWA. The court directed that sincere endeavour shall be made to ascertain the accurate age of the petitioner as on the date of the examination and the report of the committee/board shall be placed in a sealed cover. The court was however pleased to modify the earlier order passed on 29th June, 2016 and directed that the petitioner shall not report for his duty and further observed that if the report of the committee/board is finally found to be favourable to the petitioner he shall not only be entitled to reinstatement in service but also full back wages for the period he has been put off duty by virtue of the notice of superannuation.;