Virender Singh, J. - (1.) Being aggrieved of the order dated 10th April, 2008 handed down by learned Writ Court in W.P (S) No. 1194 of 2006, the appellant -writ petitioner (herein after to be referred to as the 'petitioner') knocked the doors of this Court through the medium of the instant Letters Patent Appeal, which was admitted on 19.11.2008 and now taken on board for its final consideration.
(2.) The issue cropped up in the instant matter is with regard to the age/date of birth of the petitioner. When the petitioner moved the Writ Court, he had already superannuated on 31.08.2006 after rendering 60 years to respondent -Bharat Coking Coal Limited (for short ' BCCL').
(3.) Age of the petitioner, as recorded in the records of BCCL at the time of his initial appointment i.e. 30.01.1973, is 28 years. However, exact date of birth is nowhere indicated in the records, the reason being that the petitioner is an illiterate person and was also not in possession of any documentary evidence indicating his exact date of birth. What appears to the Court is that either some employee of BCCL had recorded the age of the petitioner by appearance or the petitioner might have disclosed his age on guess work as 28 years. This situation had not arisen with regard to the petitioner only but to many other employees also, therefore BCCL at one stage in the year, 1986 took a decision for constituting a committee including the medical board for determination of the age of the petitioner and other similarly situated employees of BCCL. The said decision is available as Annexure -5 with the memo of appeal. Pursuant thereto, the petitioner and several other employees were medically examined. As per the medical examination of the petitioner, his age was determined as 38 years as on 22nd August, 1986. From this, the exact date of birth of the petitioner was determined as 22.8.1948 and in this regard on 31st May, 1987 service excerpt was supplied to the petitioner for making objection if anything vis   -vis the date of birth. It is in a shape of prescribed form which, after verification was handed over to BCCL and accepted also.;