The central legal point established in the judgment is the application and interpretation of II No.76 in reviewing and determining the date of birth for existing employees, and the onus on the petitioner to prove the recording of wrong date of birth.

JUDGMENT

Anil S. Kilor, J. - Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

3. The petitioner by way of present petition has approached to this Court questioning the correctness of the 'Reasoned Order' dated 2nd February, 2021 issued by the Colliery Manager, MKD-I, OCM of Respondent-WCL, thereby informing the petitioner that his application for correction of date of birth cannot be entertained.

4. The brief facts leading to the present petition are as follows:

4.1. The petitioner was appointed in the year 1984 as 'Badli Loader' in the respondent-WCL. Though, his date of birth in Matriculation Certificate reflects as 6th December, 1961, it was recorded as 1st July, 1961 in the Form 'B; maintained by the respondents.

4.2. The petitioner had thereafter on 28th November, 1992 cleared an examination for the post of 'Sirdar' and at that point of time his date of birth was recorded as 6th December, 1961.

4.3. The petitioner, thereafter, was transfered from Kanhan area to Umrer area, and at that moment his date of birth was recorded as 6th December, 1961.

4.4. The petitioner had cleared the examination for the post of 'Overman' on 3rd July, 2008 and while joining as 'Overman', his date of birth was recorded as 6th December, 1961.

4.5. Thereafter, the petitioner was promoted as 'Senior Overman' on 29th September, 2017, and since then he is working as 'Senior Overman'.

4.6. On 15th September, 2011, the Deputy General Manager (Personnel), Umrer published a notice on the notice board stating that as per the direction issued by the General Manager (Industrial Relation), the objections regarding date of birth should be submitted within the scheduled date mentioned in the notice.

4.7 Accordingly, the petitioner submitted his objections/representations on 7th October 2011, pointing out the clerical mistake committed in recording of his date of birth as 1st July, 1961, while as per Matriculation Certificate it should be 6th December, 1961. The petitioner had also enclosed the copy of 'Matriculation Certificate' alongwith his objection / representation in support of his request.

4.8. Thereupon a notice was published by Manager (Personnel), Umrer Sub Area, on the notice board giving particulars of the employees who had raised objections. In the said list the name of the petitioner appears at serial number 6, and against the name of the petitioner there was an endorsement that, the case of the petitioner will be examined separately on the basis of Matriculation Certificate.

4.9. Thereafter, the date of birth of the petitioner was got verified from the Higher Secondary Board and which ultimately found as correct. Accordingly, Umrer Sub Area, Colliery Manager forwarded the case of the petitioner for correction of date of birth to the Sub-Area Level Committee who in turn, has forwarded it with positive recommendation to the Area Committee. Consequently, the Area Committee who has also recommended for correction of date of birth of the petitioner.

4.10. However, as the petitioner did not receive any communication either rejecting or accepting his request for change of date of birth, he made a representation on 1st July, 2019, requesting the respondents to take decision on his representation dated 7th October, 2011.

4.11. On 30th June, 2020, the petitioner received a 'notice of retirement' wherein, considering date of birth of the petitioner as 1st July, 1961, the date of retirement was informed as 30th June, 2020. The petitioner thereupon again made a representation for reconsideration of his request for correction of his date of birth as 6th December, 1961, vide representation dated 7th July, 2020.

4.12. However, when the petitioner found that the respondents are not taking any decision on his application, he filed a writ petition, namely Writ Petition No. 2195 of 2020 before this Court, which came to be disposed of on 14th January, 2021 on a statement made by the respondents that they will pass a f