S.J. Mukhopadhaya, J. - (1.) THIS writ petition was preferred by the petitioner for a direction on the respondents not to superannuate him from service except on the basis of his date of birth as recorded in his original service record i.e. 16th July, 1949.
(2.) THE grievance of the petitioner is that the respondents have arbitrarily pushed back his date of birth from 16th July, 1949 to 1st July, 1946 without any basis and without informing him. In support of his claim that his date of birth has been recorded in service records as 16th July, 1949 the petitioner has enclosed a filled up format issued by M/s. Bharat Coking Coal Limited (hereinafter to be referred B.C.C.L.) on 7th July, 1987 (vide Annexure -1 to the writ petition) showing therein the relevant dates and other informations as recorded in his service excerpt: Photostat copy of the identity card (Annexure -2) and the photo copy of the relevant page of Form -B Register (Annexure -3) purported to be the copy of the Form -B Register. When this case was taken up earlier, the learned Counsel for the B.C.C.L. submitted that Annexure -3 is not a copy of Form -B Register as there is no signature on the said document. This Court by its order dated 20th March, 2006 allowed time to the respondents -B.C.C.L. to produce either the original Form -B Register of the petitioner or to file a supplementary affidavit, enclosing therewith a photostat copy of the relevant portion of such Form -B Register. On 5th April, 2006 the counsel for the respondents -B.C.C.L. produced a Form -B Register, but the validity of the same being doubtful it was not accepted by the Court as none of the officer has signed on any of the page of the Register nor the signature or thumb impression of the workmen including the petitioner was taken. The respondent -B.C.C.L. allowed time to file a supplementary counter affidavit enclosing therewith the first record, which contains of the date of birth along with the signature/thumb impression of the petitioner and of the officers. Today another Form -B Register has been produced and the counsel for the B.C.C.L. referred to serial No. 13 wherein the name of one Rajendra Mistri was shown, but this Court is not inclined to rely on such Sr. No. 13 of the Form -B Register as against the name of Rejendra Mistri neither parentage has been shown nor his name and address and such columns are blank. A thumb impression is supposed to have been taken, but the date of appointment of said Rajendra Mistri has been shown as 23rd March, 1970, where as the date of appointment of petitioner is 16th September, 1971.
(3.) NOW the question arises as to which document is to be relied upon to find out the date of birth of the petitioner in absence of Form -B Register? In this regard the respondents have not denied the following facts: (i) A format of "Service Excerpt" was issued by the B.C.C.L. on 7th July, 1987 (Annexure -1) in which the date of appointment, date of birth, father's name, address, names of dependants were shown. The employee (petitioner) was asked to file objection, if any of the information was incorrect. In the said format the name of the petitioner has been shown as Rajendra Mistri; father's name Bhangi Mistri, the date of appointment as 16th September, 1971 and 16th July, 1949 is the date of birth of the petitioner shown therein. The names of dependants, i.e., wife, children and sisters have also been shown correctly. Every details having been correctly shown with the signature of the employee. (ii) In the identity card issued by the respondents, the date of birth of this petitioner has been shown as 16th July, 1949.;