BISHWANATH SINGH Vs. BHARAT COKING COAL LIMITED THROUGH ITS CHAIRMANCUM-MANAGING DIRECTOR,
LAWS(JHAR)-2010-1-146
HIGH COURT OF JHARKHAND
Decided on January 08,2010

BISHWANATH SINGH Appellant
VERSUS
Bharat Coking Coal Limited Through Its Chairmancum -Managing Director, Respondents

JUDGEMENT

- (1.) Heard counsel for the parties.
(2.) The petitioner in this writ application, has prayed for quashing of the order dated 17.5.2002 (Annexure-7) passed by the respondent no. 3, whereby the representation of the petitioner for correcting his date of birth in the service records, was rejected on the ground, that his age was assessed as 22 years as on 23.12.1965 i.e. the date on which Medical Board had examined him.
(3.) As it appears from the rival submissions, the petitioner had earlier approached this court with the same grievance by filing writ application vide W.P.(S) No. 1712 of 2002, praying therein for a direction upon the respondents to correct the entry of his date of birth in the service records. This court while disposing of the writ application vide order dated 14.3.2002, had considered the claim of the petitioner including the claim that he had passed his matriculation examination in 1963 and had joined service in the year 1965. It however appears that while disposing of the writ application, this court had remitted the matter back to the concerned authorities of the respondents with a liberty to the petitioner to file a fresh representation and with a direction to the concerned authorities of the respondents to find out the original service record / roll wherein the first date of birth / age of the petitioner is recorded and wherein the petitioner had put his signature / thumb impression and to treat the said date of birth of the petitioner, as recorded in the service record / roll, as final and forward a photocopy of such record to the petitioner within the period stipulated in the order. It was also observed that in the event the date of birth of the petitioner is found different in the original record than 23rd December 1943, the respondents shall issue appropriate corrigendum and communicate the same to the petitioner within six weeks from the date of receipt of representation and pay consequential benefits, if any, to him.;


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