HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No. 13589 OF 2016

O R D E R:

This Writ Petition is filed declaring the action of

respondents in determining the age without conducting medical examination, confirming the date of birth of petitioner as 10.04.1956, as illegal. Consequently, a direction is sought to set aside the Determination Committee Report dated 24.03.2016 and allow petitioner to continue in service as per his actual date

of birth 20.06.1957.

2. Petitioner’s case, in brief, is that he was appointed as Temporary Tunnel Mazdoor in respondent Singareni Collieries Company Limited on 02.05.1976, showing his date of birth as 20.06.1957. At the time of his appointment, respondents referred him for medical examination under Rule 29-B of the Mine Rules, 1955. To his surprise, the officers of respondents without notice, altered his date of birth by rounding of his original date of birth as 10.04.1956 which is nothing but tampering the record. It is stated respondents informed him that he had to retire in April 2016, then he immediately made representation dated 17.11.2011 to respondents informing his original date of birth as 20.06.1975

but there was no action. It is the case of petitioner that in all the documents, such as PAN, ID card, during the short Firing Examination under Coal Mines Regulations, 1957, his date of birth was shown as 20.06.1957 and after 30 years, respondents and their Welfare Officer altered the date of birth as 10.04.1956 in the records. According to petitioner, he studied up to 6^th class and he submitted Transfer Certificate showing the date of birth as 20.06.1957.

It is stated, when petitioner submitted representation for rectification of date of birth in the service register on 17.11.2011, respondents directed him to attend before the Age Determination Committee, but because of their inaction, he filed Writ Petition No. 38595 of 2015 wherein this Court directed to determine the age as per law by conducting medical examination. Since the said direction was not complied with, petitioner is stated to have filed C.C.No. 453 of 2016. Thereafter, respondents mechanically came to the conclusion that they had verified the original company records such as ID, Service record, Form-B Register, Form-A CMPF nomination and confirmed the date of birth as 10.04.1956, but they have not verified Form-O which is required under Rule 29-B. Petitioner complains that in the absence of any medical test by the Medical Board, without verification of record, confirming the date of birth as 10.04.1956 instead of 20.06.1957 is nothing but nullifying the right of petitioner and intending to retire him prematurely.

3. On behalf of respondents, a counter was filed by the General Manager, bringing to the notice of this Court that as per Implementation Instruction No. 76 of the JBCCI, the procedure in determination of age /date of birth at the time of appointment in respect of illiterates is, the date of birth would be determined by the Colliery Medical Officer keeping in view any documentary and the relevant evidence as produced by the appointee. Date of birth as determined shall be treated as correct and the same would not be altered under any cirucmstance. It is stated, since petitioner did not submit any documentary proof of his age /date of birth at the time of his appointment, the then Colliery Medical Officer had assessed his age as 10.04.1956 in the Initial Medical Examination Form and the age as assessed is authentic and final.

It is also stated that petitioner filed Writ Petition No.

38595 of 2015 wherein this Court in WPMP No. 49682 of 2015 directed respondents to refer petitioner to medical examination in order to assess his age vide order dated 30.11.2015, in compliance therewith, respondents advised petitioner by giving seven days notice vide letter dated 18.03.2016 informing the date and time of medical examination all over fresh by the doctors of SCCL at the first instance to determine his age. Accordingly, he was