Sri Satya Narayan Singh @ Sri Satya ... vs Union Of India Through Secretary
2021 Latest Caselaw 4275 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           [Civil Writ Jurisdiction]
                           W.P.(L) No. 1794 of 2020
         Sri Satya Narayan Singh @ Sri Satya Narayan Yadav... .. ...            Petitioner
                                Versus
        Union of India through Secretary, Ministry of Labour & Employment, New Delhi
        & Ors.                                                       .. ... ... Respondents
                                  ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO .........

For the Petitioner : Mr. Ajay Kumar Singh, Advocate For the Respondent- BCCL : Mr. Amit Kr. Das, Advocate Ms. Swati Shalini, Advocate For the Union of India : Mrs. Alpana Verma, Advocate ......

07/ 18.11.2021.

Heard, learned counsel for the parties.

Learned counsel for the petitioner, Mr. Ajay Kumar Singh has submitted that petitioner has filed writ petition on 25.06.2020 for considering correction in his date of birth on the basis of the certificate issued by the sirdar of the mines.

Learned counsel for the petitioner has submitted that this Court may consider the same as the payment of gratuity has already been decided and petitioner has nothing to say about that but so far correction in the date of birth is concerned that may be considered by this Court and liberty may be given to the petitioner to file representation before appropriate authority.

Learned counsel for the respondent- BCCL, Ms. Swati Shalini and learned counsel for the Union of India, Mrs. Alpana Veram have opposed the prayer and submitted that such correction in the year of date of birth i.e. 1955 or 1951 cannot be agitated by the petitioner in the year, 2020 when he is actually at the age of 70 years, if his year of birth is considered to be year, 1951 and is of the age of 66 years, if his year of birth is considered to be 1955 and for that he has invoked the writ jurisdiction in the year, 2020. Admittedly petitioner is more than 64 years of age, as such, in view of the judgment passed by the Apex Court in the case of Bharat Coking Coal Limited and Others Vs. Shyam Kishore Singh reported in (2020) 3 SCC 411, and also in the case of Karnataka Rural Infrastructure Development Ltd. vs. T.P. Nataraja and Ors., reported in 2021 SCC OnLine SC 767, this Court may not entertain such writ petition.

Considering the rival submissions of the parties, looking into the facts and circumstances of the case it is stale matter which has been agitated by the petitioner after attaining the age of 64 years even considering the date of birth of

the petitioner as 1955, as such, this Court is not inclined to interfere with the same.

Accordingly, the instant writ petition is hereby dismissed.

(Kailash Prasad Deo, J.) R.S.