- (1.) BY Court. -This appeal has been filed by M/s Bharat Coking Coal Limited and others against the order dated 24.1.2002, passed by learned Single Judge in CWJC No. 2565 of 2000 (R) whereby direction was given to them to correct father's name as well as date of birth of the writ petitioner, who is respondent herein, in accordance with his matriculation certificate.
(2.) IT is not in dispute that Shri Ram Singh, the sole respondent was appointed as Havildar by the then management of Kusunda Colliery on 11.10.1971. After nationalization of the said Colliery, its management was taken over by M/s Bharat Coking Coal Limited and in form 'B' Register prepared under the provision of the Mines Act, name of his father was shown as late Sahanand Singh and his date of birth as 1.7.1946, which was duly signed by him. He was promoted to the post of Assistant Sub -Inspector and thereafter on 7.11.1991 he was transferred from Kusunda area of M/s Bharat Coking Coal Limited to Kustore area. According to the respondent, he had already passed matriculation examination in the year 1969 from Bihar School Examination Board and in the certificate issued by the Board his father's name was mentioned as 'Sanand Singh and his date of birth was recorded as 2.7.1950'. His further claim was that the Personnel Manager, Kusunda area, on the basis of the said certificate has already directed on 13.9.1991 itself for correction of his date of birth, but that was not done in his service records and, therefore, he filed an application before the Deputy Chief Personnel Manager, Kustore area for such correction, which was rejected for the reasons that there were discrepancies in his father's name in the matriculation certificate and the service records, including Form 'B' Register. He thereafter filed CWJC No. 2565 of 2002 in this Court.
(3.) ON behalf of M/s Bharat Coking Coal Limited a counter affidavit was filed therein stating, inter -alia, that his date of birth as recorded in the service book and Form 'B' was duly acknowledged and accepted by him and, therefore, there was no occasion for any correction therein. The matriculation certificate was not produced either at the time of his appointment or at the time when he had put his signature on Form 'B'; rather he accepted the entries made therein including the date of birth.;