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SUREPALLI NANDA
B. Ashok Kumar – Appellant
Versus
Singareni Collieries company Ltd. – Respondent
ORDER :
Heard learned counsel for the petitioner and learned Government Pleader for Labour.
2. This writ petition is filed to issue a writ or writs more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not rectifying its mistake of not incorporating the correct date of birth 05.04.1960 as per the Transfer Certificate issued by the ZPCC school Mandamarri as per JBCCI rules and continuing the wrong entry of 03.07.1957 in service records and basing on wrong entries issuing impugned order ref.No.RG3/OC2/W/30, dated 14.02.2013 is illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 16, 19(1)(g) of the Constitution of India consequently permit the petitioner to continue in service till 30.04.2020.
3. The case of the petitioner, in brief, is as follows:
a) The petitioner was initially appointed in the 1st respondent company as casual employee on 01.08.1978. In the year 1994-95 after acquiring knowledge to work on dumpers, the petitioner was promoted as Dumper Operator and posted at RG3 OCP 2 and was awarded ‘A’ Grade wage since 2010.
b) The petitioner belongs to Madiga S.C. community, and is born on 05.04.19
The main legal point established in the judgment is that requests for correction of date of birth at the fag end of a career must be supported by irrefutable proof and evidence of real injustice, and....
Correction of date of birth in service records is not a matter of right and is subject to procedural and timely constraints, particularly if raised at the fag end of service.
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