ORISSA HIGH COURT : CUTTACK W.P.(C) No.21087 of 2014 In the matter of an Application under Articles 226 & 227 of the Constitution of India, 1950 ***

Satnam Singh Aged about 37 years Son of Chandan Singh At present residing in Quarter No.MQ-84 At/P.O.: Deulbera Colliery, Talcher, District: Angul, Odisha. … Petitioner -VERSUS-

1. Mahanadi Coalfields Limited, (A subsidiary of coal India Ltd.)

Represented through its Chairman-cum-Managing Director, Registered Office At: Jagriti Vihar, Burla District: Sambalpur.

2. General Manager (P&IR) Mahanadi Coalfields Limited At: Jagriti Vihar, Burla District: Sambalpur.

3. General Manager, Central Workshop (EXCV), Mahanadi Coalfields Limited, Talcher, District: Angul.

4. General Manager, (Mining)

Balaram OCP Mahanadi Coalfields Limited P.O.: Danara, District: Angul.

5. General Manager Jagannath Area Mahanadi Coalfields Limited At/P.O.: Dera, Talcher District: Angul.

6. Area Personnel Manager Jagannath Area Mahanadi Coalfields Limited At/P.O.: Dera, Talcher District: Angul.

7. Project Officer, Ananta Mahanadi Coalfields Limited P.O.: Dera, Colliery, Talcher District: Angul. … Opposite Parties.

Counsel appeared for the parties:

For the Petitioner : Mr. Sachidananda Sahoo, Advocate For the Opposite Parties : Mr. Tarun Kanta Pattanayak Advocate P R E S E N T:

HONOURABLE

MR. JUSTICE MURAHARI SRI RAMAN

Date of Hearing : 24.03.2025 :: Date of Judgment : 24.03.2025

JUDGMENT

Assailing the legality of Order No.MCL/PD/IR/Court Case/2014/1358, dated 22.08.2014 (Anneuxre-10) passed by the General Manager (P&IR) of Mahanadi Coalfields Limited, Jagriti Vihar, Burla, Sambalpur- opposite party No.2, rejecting the representation purported to be disposed of in compliance of Order dated 21.02.2014 passed in W.P.(C) No.24660 of 2013 by this Court for rectification of date of birth as “29.06.1977” instead of “28.02.1971”, the petitioner has approached this Court by way of filing this writ petition craving to invoke extraordinary jurisdiction of this Court under Articles 226 & 227 of the Constitution of India with the following prayer(s):

“The petitioner, therefore, prays that this Hon‟ble Court may graciously be pleaded to admit the writ application, issue rule nisi to the opposite parties to show cause as to: (i) The order bearing Ref No.MCL/PD/IR/Court Case/2014/1358, Dt.22/8/2014, vide Annexure-10 shall not be set aside.

And (ii) Why the opposite parties shall not be directed to make necessary correction in the service records of the petitioner by mentioning correct date of birth i.e.

29.06.1977 for all purpose within stipulated period.

And if the Opp. Parties do not show cause or show insufficient cause, then rule be made absolutely by issuing appropriate writ/writs, direction/directions and any other order/orders as deemed fit and proper may be passed.

And for this act of kindness the petitioner shall as in duty bound ever pray.”

Facts:

2. Shorn off unnecessary detailed narration, suffice it to refer to relevant factual matrix as outlined in the pleadings.

2.1. The petitioner, entered into service as Mazdoor Category-

1 on 16.11.1999, was issued with medical card by the Mahanadi Coalfields Limited (be referred to as “MCL”)

recording the date of birth as “29.06.1977”.

2.2. The petitioner in the year 2001 was transferred from Central Workshop (EXCV) to Kalinga Area. While transmitting the Last Pay Certificate (LPC), the Deputy Personnel Manager, CWS (X), Talcher mentioned the date of birth as “31.02.1971” in Letter No.GM/CWS(X)/Tal/Bill/LPC/2001/2868, dated 29.10.2001. On subsequent transfer from Kalinga Area to Jagannath Area in the year 2011, while transmitting the LPC vide Letter bearing Reference No. PO (BLR OCP) LPC/11/7882, dated 22.12.2011, the date of birth of the petitioner was mentioned as “03.03.1971”.

2.3. It is claimed by the petitioner that the Register of Employees maintained in Form-B prescribed under Rules 48(3), 51, 77 and 77-A(2) of the Mines Rules, 1955 (hereinafter referred to “Form-B”) recorded correctly the date o