JUDGMENT :

Supratim Bhattacharya, J.

1. This instant appeal has been preferred against the Order passed by the Hon’ble Single Bench on the 8th day of June, 2022 in writ petition being W.P.A. 7106 of 2022, wherein the Hon’ble Single Bench has stated as follows:-

“...

After hearing the parties and considering the materials on record, I find that there is no scope of passing any interim order. The matter requires to be heard after affording the respondents an opportunity to put forth their stand on affidavit.

Let affidavit in opposition be filed within a period of six weeks from date. Reply, if any, thereto be filed by two weeks thereafter. ... ”.

2. Being aggrieved by the said order through which no interim order was passed, the appellant/ writ petitioner has preferred this instant appeal. Though no effective order has been passed through the impugned order but it is apparent from the face of the order that the Hon’ble Single Bench has stated categorically that there is no scope of passing any interim order as such there is denial of interim order which according to the appellant affects his legally enforceable right. Accordingly, this Court has the jurisdiction to hear the instant appeal, as a result the appeal has been heard.

3. The fact of the instant lis is that the appellant/writ petitioner is an executive of the Coal India Ltd. (for short CIL) working as a General Manager (Mining) posted in the Western Coal Fields Ltd. The said appellant has joined CIL on the 10th day of August 1987. At the time of his joining it was mandatory to submit proof of date of birth and at that material point of time the proof which was available to the appellant/writ petitioner was his 10th standard mark-sheet. It has been stated that the aforesaid mark-sheet had the date of birth wrongly recorded as the 18th day of July 1963.

4. It has also been stated that having no other alternative the appellant/writ petitioner was constrained to mention his date of birth as the 18th day of July, 1963. It has been further stated that the appellant had immediately taken steps to correct his date of birth in the said mark-sheet and the School Final Certificate.

5. The appellant is therefore claiming that his correct date of birth is 21.12.1965 instead of 18.07.1963, which has been corrected in the High School Certificate issued to the appellant in the year 1991 by the Principal of Janta Inter College, Lucknow. The appellant/writ petitioner has thereafter sought for correction of his date of birth which was provided by him at the time of his joining claiming it to be wrongly recorded and has prayed for correction of the same time and again but his prayer being not accepted so, the appellant/writ petitioner has preferred the instant lis.

6. The Learned Counsel appearing on behalf of the appellant has submitted that the appellant/writ petitioner has joined the CIL on the 10.8.1987 and at the time of his joining it was mandatory to submit a proof of an employee’s date of birth as such the appellant had furnished his 10th standard mark-sheet which was available to him at that point of time. The Learned Counsel had further submitted that the date of birth which was recorded in the said 10th standard mark-sheet was 18.07.1963 which is not the correct date of birth of the said appellant and having no other alternative the appellant was constrained to mention his date of birth as 18.7.1963. The Learned counsel has further submitted that the appellant had immediately taken steps to correct his date of birth in the said mark-sheet and School Final Certificate and the corrected High School Exam Certificate bearing the date of birth as 21.12.1965 was obtained by the appellant having the signature and dated 23.09.1991, on the back side of the said certificate, of the Principal of the School namely Janta Inter College.

7. The Learned Counsel has further submitted that the appellant had soon thereafter prayed for correction of his date of birth and since then the appellant has several