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2023 Supreme(Jhk) 1026

S. N. PATHAK
Gangadhar Prasad Das – Appellant
Versus
Bharat Coking Coal Ltd. , represented through its Chairman-cum-Managing Director – Respondent


Advocate Appeared:
For the Petitioner:Mr. Amritansh Vats, Advocate
For the Respondent:Dr. A.K. Singh, Advocate, M/s. Shivam Singh, Nilesh Modi, Prabhat Kumar, Advocates

JUDGMENT :

Heard the parties.

2. Petitioner has approached this Court with a prayer for direction upon the respondents to correct the date of birth of petitioner in the service record as 03.05.1967 instead of 08.12.1963 and accordingly, allow the petitioner to retire as per the corrected date of birth i.e. 03.05.1967.

Further prayer has been made for quashing the office order dated 07.01.2023, whereby an advance notice regarding retirement of petitioner has been issued erroneously considering his date of birth as 08.12.1963.

3. As per the facts of case, petitioner joined the post of Miner Loader in BCCL on 19.12.1986. It is the case of the petitioner that at the time of joining, in the Form ‘B’ Register which has been maintained by the respondents, the date of birth of petitioner was wrongly mentioned as 08.12.1963 in place of his actual date of birth as 03.05.1967, which was questioned by the petitioner but that time he was verbally assured by the officials of the respondent-BCCL that the same will be rectified once his services get confirmed. It is the specific case of the petitioner that he has passed Matriculation in the year 1983 from Bihar School Examination Board (for short “BSE

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