D.N. Patel, J. - (1.) This Letters Patent Appeal has been preferred by the original respondents in the writ petition being W.P.(S) No. 2340 of 2002, which was preferred by present respondent for change of date of birth. The writ petition was allowed by the learned Single Judge and, hence, the original respondents have preferred present Letters Patent Appeal.
(2.) Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that the respondent is the original petitioner. The respondent (original petitioner) was employed by the appellants. He had joined the services on 25th November, 1959.
(3.) At the time of entry into the services, several documents are to be filled up and are to be signed by the employee and varieties of details of the employee are to be given. There are three documents, in which, the date of birth was mentioned by the respondent (original petitioner) and there were photographs and signatures of the respondent upon those documents, which have been relied upon by the appellants. These documents are- (i) Statutory Form-B, which is mentioned under the Mines Act, 1952 (Annexure- O to the counter affidavit filed in the writ petition) (ii) Coal Mines Provident Fund Form No. PS-1, PS-3 and PS-4 (Annexure- P Series to the counter affidavit filed in the writ petition) (iii) Service Register (Annexure- N to the counter affidavit filed in the writ petition) Looking to the aforesaid three documents, which are signed by the respondent (original petitioner), the date of birth of the respondent, as per the documents supplied by the respondent, is 1 st November, 1941 and, hence, his date of superannuation is 31st October, 2001. By now, he has already retired from the services of the appellants and approximately 17 years' long period has already been lapsed.;