The date of birth recorded in the Matriculation certificate should be considered conclusive proof of age for compassionate appointment, as per the National Coal Wage Agreement and established precedents.

JUDGMENT

Chandrashekhar, J. - Petitioner''s claim for compassionate appointment has been regretted on the ground that on the date of submission of application, he had crossed the age of 35 years which is the maximum age provided for employment under the respondent M/s Central Coalfields Limited. In the present proceeding, the petitioner has challenged communication dated 14.09.2015 and the consequential order dated 08.12.2016 declining compassionate appointment to him.

2. The issue involved in this writ petition is, whether date of birth recorded in the Matriculation or other equivalent examinations would take precedence over the age of a claimant recorded in the service excerpt and/or age determination by the Medical Board?

3. Petitioner''s father, who was a Wagon Loader at Barka Sayal Area, died on 18.06.2014. Petitioner''s mother submitted an application on 03.07.2014 for compassionate appointment to the petitioner. The petitioner claims that he has also submitted another application on 03.09.2015. He was medically examined for age assessment and he was found aged about 3540. His age was assessed by the Medical Board on 15.09.2016. The respondents have pleaded that age of the petitioner recorded in the service excerpts of his father indicates that as on 01.04.1987, he was 8 years old and accordingly, on 03.07.2014 when his mother submitted application for his compassionate appointment he had already attained age of 35 years 3 months and 2 days. In the company''s records age of the petitioner recorded in LLTC Option Form is 35 years 2 months 21 days, in LTC Form A 35 years and 29 days and in P.S.3 Form 36 years 1 month and 5 days, as on 03.07.2014. Accordingly, he has been found ineligible for appointment under M/s Central Coalfields Limited as he had already crossed the maximum age for employment under the company.

4. Mr. Manoj Tandon, the learned counsel for the petitioner contends that the discrepancies in the service record of petitioner''s father are liable to be ignored, for he was illiterate who has just put his thumb impression in the service excerpt which was prepared on 31.08.1987. It is contended that the Matriculation certificate issued from Hindi Sahitya Sammelan, Allahabad in which petitioner''s date of birth is recorded as 20.06.1984 must be held conclusive proof of petitioner''s age and the service record of his father which contains different dates of birth of the petitioner must be ignored.

5. Implementation Instruction No. 76 contained in National Coal Wage Agreement lays down procedure for determination of date of birth of an existing employee. It reads as under:

Procedure for Determination/Verification of age of Employees

(A) Determination of the age at the time of appointment

i) Matriculates

In the case of appointees who have passed Matriculation or equivalent examinations, the date of birth recorded in the said certificate shall be treated as correct date of birth and the same will not be altered under any circumstances.

ii) Non-matriculates but educated

In the case of appointees who have pursued studies in a recognised educational institution, date of birth recorded in the School Leaving Certificate, shall be treated as correct date of birth and the same will not be altered under any circumstances.

iii)Ex-servicemen

In the case of Ex-servicemen who are not matriculates, the date of birth recorded in the Army Discharge Certificate shall be treated as correct date of birth and the same will not be altered under any circumstances. In the case of Ex-servicemen who have passed Matriculation examination, the date of birth recorded in the Matriculation certificate will be treated as correct date of birth, provided they have passed the Matriculation examination before entering the Defence Services; otherwise the date of birth recorded in Army Discharge Certificate will be taken as correct date of birth.

iv) Illiterate

In the cases of appointees not covered under the foregoing clauses, the date of birth will be