JAYNANDAN NADAV @ JAYNANDAN SINGH Vs. BHATAT COKING COAL LTD
LAWS(JHAR)-2005-5-27
HIGH COURT OF JHARKHAND
Decided on May 03,2005

Jaynandan Nadav @ Jaynandan Singh Appellant
VERSUS
Bhatat Coking Coal Ltd.Through Its Chairman Cum Managing Director, Dhanbad Respondents

JUDGEMENT

- (1.) THE prayer of the petitioner is to direct the respondents to correct the date of birth as per the service excerpts based on the certificate granted by the Bihar School Examination Board, Patna.
(2.) THE petitioner 'scase is that his date of birth was recorded as 4.5.1952 in the service record. The said date of birth was also recorded in his matriculation certificate issued long back in the year 1969 by the Bihar School Examination Board, Patna. Subsequently, without giving any notice and behind him interpolation has been made in the Statutory Form -B Register whereby the date of wirth of the petitioner has been wrongly shown as 1.10.1950. The grievance of the petitioner is that without giving any notice and any opportunity of hearing, the said change has been arbitrarily and unilaterally made which has caused him serious prejudice, by shortening the tenure of his service about one and half years.
(3.) THE respondents have contested the petitioner 'sclaim by filing a counter affidavit, wherein it has been stated that the petitioner had declared his age as 20 years which was subsequently overwritten as 21 years in Form -B Register. It is doubtful that the matriculation certificate was produced at the time of employment. So far the service excerpts is concerned, there is no denial about the date of birth shown in the service excerpts as 4.5.1952. In their counter affidavit, the respondents have annexed a photo -copy of Form -B Register in which there is interpolation in the age column.;


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