- (1.) THE petitioner is an employee of M/s Bharat Coking Coal Limited. He joined his service on 16.12.1972. Before joining the service, he had passed the Matriculation Examination in the year 1966
(2.) ACCORDING to the Implementation Instruction of the respondents -Company, the evidence of date of birth of a person, who is Matriculate, is Matriculation Certifi is cate. In the Matriculation Certificate, the petitioner's date of birth has been recorded as 9.1.1949. The petitioner during the tenure of his service found discrepancy in the entry of the date of birth in the service record. In place of 9.1.1949, as recorded in the Matriculation Certificate, the petitioner's date of birth in statutory Form -B Register and other records was recorded as 9. 1.1947. The petitioner pointed but the said discrepancy and requested for correction by filing representation dated 22.9.1989. He claimed correction on the basis of the entry in the Matriculation Certificate which was issued by the Bihar School Examination Board, Patna. He pro is duced the Matriculation Certificate in sup is port of his claim. The said certificate was sent for verification to Bihar School Ex is amination Board, Patna by Office Letter No. GM/AR -III/PD/89 -1563/27718 dated 5.10.1989. The said Examination Board verified and found the same genuine. Even after receipt of the said verification report from the said Examination Board, the petitioner's date of birth was not corrected. The petitioner waited for long, but the records were not corrected. On the con is trary, a letter dated 16.8.06 was served on him whereby he was informed that he would retire from service on 31.1.07 on attaining the age of 60 years according to the entry of his date of birth as 9.1.1947 in the service record. The petitioner filed representation before the Deputy Chief Per is sonnel Manager (P&IR), Govindpur Area protesting against the same and requesting him to correct the date of birth which has been wrongly entered as 9.1.1947 in place of his actual date of birth as 9.1.1949, as recorded in the Matriculation Certificate.
(3.) THE said Deputy Chief Personnel Manager, Govindpur Area by his letter dated 15.9.06 forwarded the representation with the said report and his recommendation to the General Manager, Govindpur Area for consideration and necessary order in view of the Company's Implementation Instruc is tion No. 76 (Annexure -4). The said Deputy Chief Personnel Manager, Govindpur Area in his report also mentioned that no old and original Form -B of Akshkinaree Col is liery, where the petitioner was initially ap is pointed, is available. Hence his age re is corded in the Matriculation Certificate is to be taken into consideration as per the Implementation Instruction' No. 76. The grievance of the petitioner is that in spite of the said recommendation, no order has been passed and the date of birth has not been corrected in the service record. The petitioner, in the meanwhile, has been forced to retire w.e.f. 31.1.07. Aggrieved by the said attitude of the respondents, the petitioner has filed this writ petition and prayed for quashing the notification served on him by Letter No. 603 dated 16.8.06 by the respondent No. 3 and has also sought for a direction on the respondents to make necessary 'correction in the date of birth wrongly recorded in the Com is pany's records allowing the petitioner to continue in service up to January 2009.;