Challa Kodanda Ram, J.

1. This appeal is directed against the order dated 07.08.2013 passed by the single Judge of this Court in W.P.No.20029 of 2005.

2. The parties to the proceedings are referred to as they are arrayed in the writ petition.

3. The writ petition was filed by the petitioner questioning the proceedings Ref.No.RGI/Gdk 1/W-03/04/984 dated 26.03.2004 issued by the respondent determining his age as 25 years as on 12.01.1971. The case of the petitioner is that he was initially appointed as Badli Coal Filler Casual worker in the respondent-company vide order No.K2/Est/4/71/803, dated 22.04.1971. He stated that in the school records, his date of birth was mentioned as 10.02.1950 and as per the said entry he was aged about 21 years as on the date of joining in the respondent-company, but the respondent mentioned his age as 25 years, instead of mentioning it as 21 years in his service register. His case is that the recruiting officials neither asked him to produce his date of birth certificate nor school leaving certificate in proof of age, and they made self assessment just by looking at him and incorporated his age as 25 years in his service register, and that it was not communicated to him, at any point of time.

4. The petitioner stated that he passed various examinations under the Mines Act and under Coal Mines Regulations, 1957 and obtained Shot Firer’s Certificate, SIRDAR Certificate and Over man’s Certificate and in all the said certificates his date of birth was mentioned by the Chairman of Board of Mining Examinations as 10.02.1950. It was also stated that after joining the respondent, petitioner passed SSC and in the said certificate also his date of birth was mentioned as 10.02.1950. He has also referred to certain certificates, said to have been issued by a school. He alleged that the respondent issued proceedings dated 26.03.2004 without any basis, assessing his age as 25 years and fixing his date of superannuation as 31.01.2006 instead of fixing the same as 10.02.2010.

5. The respondent-Company had filed counter-affidavit denying the averments made in the writ petition and stating that at the time of appointment, the petitioner was examined by the Company’s Medical Officer and his age was assessed as 25 years as on 12.01.1971 and the same was entered in his service register and the petitioner had also affixed his thumb impression in the service book as a token of acceptance. So far as the date of birth mentioned in various certificates are concerned, it was the contention of the respondent-Company that the said entries were made at the instance of the petitioner and that the assessment made by the respondent-Company with regard to the date of birth is inconsonance with the guidelines and regulations of JBCCI. It was also pleaded that considering the discrepancy about mentioning of the date of birth of the petitioner in service register, the petitioner was called for determination of age by the Area Age Determination Committee on 08.01.2004 and the said committee assessed and confirmed the age of the petitioner as 25 years as on 12.01.1971 and accordingly the impugned notice dated 26.03.2004 was issued to the petitioner informing the date of his superannuation as 31.01.2006.

6. The learned single Judge allowed the writ petition accepting the contention of the petitioner. Aggrieved thereby, the respondent-company filed the present writ appeal.

7. Learned counsel for the respondent would submit that the learned single Judge erred in treating a document said to have been issued by the Head Master of Primary School, as admission certificate, whereas a cursory reading of the same would disclose that it just, a declaratory form which is required to be filled on behalf of the student for admission into the school. He submits that there is no authenticity for that document. He would also point out that the Board of Secondary Education Certificate would reveal that the petitioner had appeared as a private