Jharkhand High Court
Rambarat Chauhan vs M/S Bharat Coking Coal Limited ... on 22 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3870 of 2020
Rambarat Chauhan, aged about 58 years, son of late Nathuni
Chauhan, resident of Qr. No.156, Bhuli, B - Block, P.O. Bhuli Nagar,
P.S. Bankmore (Bhuli O.P.), District Dhanbad
... ... Petitioner
Versus
1. M/s Bharat Coking Coal Limited through its Chairman - cum -
Managing Director, Koyla Bhawan, Koyla Nagar, P.O. & P.S.
Saraidhela, District Dhanbad
2. The Director Personnel (Head Quarter), M/s. B.C.C.L., Koyla
Bhawan, Koyla Nagar, P.O. & P.S. Saraidhela, District Dhanbad
3. The General Manager, (P & IR) Headquarter B.C.C.L. Koyla
Bhawan, Koyla Nagar, P.O. & P.S. Saraidhela, District Dhanbad
4. The General Manager, Kusunda Area No. - VI, B.C.C.L., P.O.
Kusunda, P.S. Kenduadih, District Dhanbad
5. The Personnel Manager, Kusunda Area No. - VI, B.C.C.L., P.O.
Kusunda, P.S. Kenduadih, District Dhanbad
6. The Project Officer, Gondudih Colliery, B.C.C.L., P.O. Kusunda,
P.S. Kenduadih, District Dhanbad
... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. P.K. Mukhopadhyay, Advocate
For the Respondents : Mr. Anoop Kumar Mehta, Advocate
: Mr. Amit Kumar Sinha, Advocate
: Mr. Manish Kumar, Advocate
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07/22.07.2022 Heard learned counsels for the parties.
2. This writ petition has been filed for the following relief:
"For a direction upon the respondents to correct the date of
birth of the petitioner as 16.11.1963 in terms of his matriculation
certificate, as per the mandate of Implementation Instruction No.76 of
NCWA- III, instead of his wrong date of birth mentioned in service
record as 09.01.1963 by the respondent authorities."
3. Learned counsel for the petitioner submits that the petitioner
had passed his matric examination in the year 1982. The matriculation
certificate is annexed as Annexure - 2 which was issued in the year
1983. He submits that the petitioner was appointed to the post of
temporary minor loader under Voluntary Retirement Scheme Female
in place of his mother as back as on 12.07.1986. The letter of
appointment is at Annexure - 1. He further submits that the petitioner
being a matriculate prior to his appointment had applied for correction
of his date of birth in the records of the respondents as back as on
28.02.1987 and also on 04.08.1987. He submits that appropriate steps
were also taken by respondents by issuing letter dated 04.12.1988
(Annexure - 4) and also by issuing subsequent letters, but the date of
birth of the petitioner has not yet been corrected in the service records.
The learned counsel for the petitioner submits that the petitioner
continues to be in service.
4. Learned counsel has referred to judgement passed by this Court
in the case of Kamta Pandey Vs. M/s BCCL & Ors. reported in 2007
SCC Online Jhar 222 and also judgment passed by Hon'ble Supreme
Court reported in (2014) 12 SCC 570 (Bharat Coking coal Limited
Vs. Chhota Birsa Uranw) to submit that the date of birth recorded in
the matriculation certificate of the petitioner should be taken as final
and the respondents be directed to rectify their records accordingly.
5. The learned counsel for the respondents has submitted that so
far no counter-affidavit has been filed in the present case. He submits
that it is also required to be seen as to what declaration and documents
the petitioner had submitted at the time of his appointment and these
records are required to be verified by the respondents. Learned
counsel also submits that it appears that the petitioner was medically
examined for assessment of age and his date of birth has been
recorded in Form - B Register duly acknowledged by the petitioner
and therefore, it is not permissible for the petitioner to dispute his date
of birth at this stage. However, if the petitioner represents before
respondent no.3, he can look into the grievance of the petitioner and
pass appropriate orders by taking into consideration not only the
judgments, which have been referred to by the petitioner, but also
others judgments on the point as the dispute regarding date of birth
and its resolution varies from fact to fact.
6. Learned counsel for the petitioner in response submits that the
kind of disputes which is sought to be raised by the learned counsel
for the respondents has already been taken care of by the Hon'ble
Supreme Court and such grounds are not maintainable in law.
7. This court finds that the petitioner is seeking a writ of
mandamus upon the respondents for correction of his date of birth in
the company's records for which the petitioner has already represented
but no order has been passed.
8. In the aforesaid circumstances and after hearing the learned
counsel for the parties and keeping in mind that no counter-affidavit as
such has been filed in the present case, this writ petition is disposed of
enabling the petitioner to approach the respondent no.3 by filing a
detailed representation with regard to his claim of date of birth along
with writ record and the judgments which he seeks to rely upon within
a period of one month from today. Upon filing of such representation,
the respondent no.3 is directed to look into the grievance of the
petitioner, verify all the records of the company and pass a reasoned
order after taking into consideration the judgments and materials
which are sought to be relied upon by the petitioner as well as any
other judgments which may have a bearing in the issue involved in the
present case including the Implementation Instruction No.76 of
NCWA III as relied upon by the petitioner in the writ petition after
giving an opportunity of hearing to the petitioner within a period of
one month from the date of receipt of such representation. The
reasoned order is directed to be communicated to the petitioner who is
still in service.
9. It is made clear that this Court has not entered into the merit of
the claim of the petitioner or otherwise as no counter-affidavit has
been filed in the present case and it will be open to the respondent
no.3 to pass order in accordance with law.
(Anubha Rawat Choudhary, J.)
Saurav
