- (1.) Heard counsel for the parties.
(2.) Petitioner herein is in the second round of litigation relating to a claim of correction of his date of birth, being aggrieved by the reasoned order dated 28.02.2014 (Annexure-14) passed by the Director (Personnel), Central Coalfields Limited pursuant to the direction passed in the earlier writ petition being WPS No. 1780/2013 by judgment dated 19.02.2014 (Annexure-12).
(3.) In order to cut short the maze of relevant material facts, the judgment passed in the petitioner's case in the previous round of litigation, is being quoted hereunder, as it records the respective stands of the rival parties advanced on the issue on the previous occasion. "The petitioner has assailed the letter no. 825 dated 05.03.2013, Annexure-3 whereunder he would retire on28.02.2014 treating his date of birth 11.02.1954. According to the petitioner, he was appointed on compassionate ground on 07.03.1973 and thereafter, he passed matriculation examination in the year 1976. In his matriculation certificate, his date of birth is clearly mentioned 09.01.1959. The affidavit filed on behalf of the respondents as also by the petitioner himself, enclosing documents maintained by the respondents themselves, however, portray that there is at least some confusion in the office of the respondents themselves with respect to correct date of birth of the petitioner. The duplicate service book, which has been annexed by the respondents as Annexure-E, shows that date of birth of the petitioner is 11.12.1954 by which reckoning he would reach the age of 60 years on 11.12.2014. The gradation list, which has been enclosed as Annexure-5 to the affidavit of the petitioner also shows date of birth of the petitioner has been treated to be 11.12.1954 and the said documents is of year 2010. Apart from that the letter at Annexure-10 issued by the Project Officer, Bokaro Colliery dated 18.05.2000 refers the chronology of facts inter alia that the petitioner had submitted an affidavit in the year 1980 and also referred at para-5 in the said letter that the Educational Qualification of the petitioner was inquired into. He was also granted promotion from time to time. Annexure-11, 12 and 12/1 annexed to the said supplementary affidavit also relate to verification of the father's name of the petitioner and also relating to the matriculation certificate, which has been sought for from the Principal, R. B. High School, Bermo, district-Bokaro and further the report of the Principal of the R.B. High School, Bermo issued on 20.05.1994. The plea that the respondents have taken in their counter affidavit is that reckoning the age of the petitioner as 1959, as claimed by him, he would have only 14 years and few months only which could not be countenanced for the purpose of employment under the respondent-Company in mines. The petitioner in this regard referred to the amendment introduced on 31.05.1984 in Section 40 of the Mines Act 1952 stating that before that date there was no minimum age prescribed for employment in the mines. By that amendment, the minimum age of 18 years was introduced. The petitioner has also referred the documents at Annexure-4 which contains tentative seniority list of office superintendent Gr. A employees of B & K Area in which he has referred the name of Md. Arif at serial no. 2, K. L. Sharma at serial no. 5, Binod Kr. Verma at serial no. 16 and, Ramdeo Singh at serial no. 30, to submit that the date of birth and date of appointment of these persons show that they were below 18 years of age at the time of their appointment in the respective years in 1970. In the wake of such documents, it is obvious that the respondents are also not certain about the date, they are reckoning in respect of date of retirement of the petitioner. Guided by the duplicate service book as also gradation list published in the year 2010, the date of birth would be 11.12.1954 by which he would retire in the end of December, 2014. Therefore, the stand of the respondents does not appear to be well thought out and without proper application of mind. In such circumstances, the respondents are directed to reconsider the matter relating to date of birth of the petitioner, which has been treated to be 11.02.1954 whereunder he ought to be retired on 28.02.2014. In that view of the matter, the impugned notice dated 05.03.2013, Annexure-3, so far it concerns the petitioner, is quashed. The matter is remitted to the respondent no. 3, Director(Personnel) M/s Central Coalfields Ltd., Ranchi to reconsider the case once again within a period of 10 weeks from the date of receipt of a copy of this order. It would be open to the petitioner to make a representation duly supported with necessary facts and documents. Accordingly, this writ petition is allowed in the aforesaid terms.";