- (1.) HEARD the counsel for the parties.
(2.) THE appellant has filed this appeal against the order dated 28.10.2009 passed in WPS No. 4277/09 whereby the writ petitioner's - appellant's writ application has been dismissed. Learned Counsel for the appellant submits that the appellant was employed in Central Coalfield Ltd, which is a Govt. Undertaking, on 17.8.1972. It is submitted that in the service record his date of birth was recorded as 1.10.1950 but the actual date of birth, which is recorded in his matriculation certificate, was 10.8.1955. Learned Counsel has further submitted that the service excerpt was prepared on 11.8.87 but when the appellant found that his age has been recorded as 1.10.1950, he objected to it and mentioned his actual date of birth as recorded in his matriculation certificate. Even the Establishment Section of BCCL verified his matriculation certificate on 29.7.81 (annexure 8) but, in spite of that the concerned authority has recorded his date of birth as 1.10.1950.
(3.) LEARNED Counsel appearing for the respondents -BCCL Mr. A. Sen submits that the appellant, in order to get employment at the time of his appointment, misrepresented his date of birth as 1.10.1950 so that he could get employment and after obtaining employment and after serving for some time he moved for rectification of his date of birth on the basis of his matriculation certificate. So, his plea that he has obtained his matriculation certificate later, is an eye wash. Usually mark sheets are supplied immediately after the matriculation results which also contain the date of birth.;