- (1.) The appellant herein is aggrieved by the Judgment and Order dated 30.06.2011 passed in W. P. (S) No. 2208 of 2010 whereby and whereunder respondents/appellants herein have been directed to correct the petitioner's date of birth wrongly recorded in the Form-B register and other relevant records, according to the date of birth recorded in his Matriculation Certificate within a period of six weeks from the date of receipt/production of a copy of the order.
(2.) The brief facts of the case are that petitioner/respondent herein had approached this Court through the instant writ petition for a direction to the respondents to correct his date of birth in all relevant service records as per the Matriculation certificate. The writ petitioner had pleaded that as per the Matriculation certificate his date of birth was mentioned as 03.11.1955 and he entered into the services of the respondents/appellants herein on the post of Clerk on 18.09.1973. The case of the writ petitioner is that in the year 1987, the respondents/appellants had prepared service excerpts of the petitioner giving his personal details including his Educational Qualifications as Matric. However, in the column of the date of birth his age was mentioned as 23 years as on 1974 which was not in accordance with date of birth as mentioned in his matriculation certificate. It is, also, stated that the record of Coal Mines Provident Fund also showed that the petitioner's date of birth is mentioned as '1955' i.e. in accordance with Matriculation certificate. However, instead of correcting his date of birth on the basis of his Matriculation certificate on 03.11.1955, no step was taken on the part of the respondents/Appellants, which has constrained the petitioner to approach this Court by way of the instant writ petition (W.P.S No. 2208 of 2010).
(3.) It is urged by the respondents/appellants herein that learned Single Judge has committed serious error in directing the appellants to correct the petitioner's date of birth in the relevant records primarily on the ground:- (i) that the petitioner has raised the dispute at the fag end of service in the year 2010 although he was appointed in 1973 when it was disclosed by him that his age was 23 years in the year 1974 (ii) that even in the year 1986 when service excerpts were prepared, his age was confirmed as 23 years as on 1974 and as such, petitioner has estopped from raising the said dispute when he was accepted it even in the year 1986 and; (iii) It has been further urged that learned Single Judge has incorrectly applied the Full Bench Judgment of this Court in the case of Kamta Pandey V. M/s BCCL & Ors., 2007 3 JLJR 726 in view of the earlier judgment of the Hon'ble Supreme Court as well as this Court (Division Bench as well as Single Bench), which is as under:- (i) Civil Paswan V. State of Jharkhand & Others, 2006 4 JCR 574 (ii) Karu Nonia V. Bharat Coking Coal Ltd. & Others, 2002 1 JCR 418 (iii) Hindustan Lever Ltd. V. S.M. Jadhav & Anr., 2001 AIR(SC) 1666. (iv) Daya Ram Gope V. Central Coalfields Ltd. & Others, 2002 3 JCR 339 (v) Management of Heavy Engineering Corporation Ltd. Ranchi V. Mrs. Sarita Narayan & Others, 2003 4 JCR 602.;