THE HON’BLE SRI JUSTICE G.M. MOHIUDDIN WRIT PETITION No.1406 OF 2016

ORDER:

This writ petition is filed to call for records and to declare the order passed by respondent No.2 in proceedings Ref.No. MMR/PER/S/171/15/6590 dated 10.10.2015 determining the age of the petitioner as 61 years as on 07.09.2015 (treating the date of birth of the petitioner as 28.12.1954 based on the report the Apex Medical Board Ex.P-1) instead of 28.12.1957 (based on his school record) as illegal, contrary to law, unjust and perverse and to set aside the same; and to declare that the petitioner is entitled to continue in service up to 31.12.2017 by considering the date of birth as 28.12.1957.

2. Heard Sri A.K. Jayaprakash Rao, learned counsel for the petitioner; and Sri P. Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited (SCCL) and perused the record.

3. It is contended by the learned counsel for the petitioner that the petitioner was appointed in service of the respondent Company on 19.02.1983. That he had studied up to Class-V in Sri Saraswathi Shishu Mandir High School, Sharadha Nagar, Godavarikhani, Karimnagar District, wherein his date of birth as per School record was recorded as 28.12.1957. However, the respondent Company wrongly entered the date of birth of the petitioner as 28.12.1954, on the basis of medical examination.

4. The petitioner contends that as per the Implementation Instruction No.76 of the National Coal Wage Agreement (NCWA), the date of birth entered in school records must taken as correct in view of his education up to Class-V in a recognized educational institution. Thus, the date of birth recorded in the bona fide certificate issued by the school as 28.12.1957, should be treated as the correct date of birth. The petitioner further contends that he was under the bona fide belief that he would retire on attaining the age of superannuation i.e., on

31.07.2017, reckoning his date of birth as 28.12.1957.

5. It is contended by the petitioner that though he appeared before the Medical Board on 07.09.2015 and 14.09.2015 as per the directions passed by this Court vide Judgment dated 31.03.2015, it neither conducted a proper medical examination nor considered the bona fide certificate issued by Sri Saraswathi Shishu Mandir High School wherein his date of birth is shown as 28.12.1957.

6. It is further contended that though this Court directed the respondent Company to consider the case of the petitioner, by looking into the records, the respondents did not consider the same, nor assign any cogent reasons as to accepting the entries made by the authorities themselves. The petitioner contends that he is entitled to continue in service up to 31.07.2017.

7. The petitioner further contends that in respect of other employees, the Medical Board which initially determined the age of the employee on the basis of medical examination have subsequently accepted the date of birth as per the SSC certificate, which was acquired prior to the date of appointment. 8. Per Contra, learned Standing Counsel appearing on behalf of respondent No.2 contended that as per Implementation Instruction No.76 of the Joint Bipartite Committee for Coal Industry (JBCCI), the procedure in determination of the age/ date of birth at the time of appointment is done by determining the age at the time of appointment was as under:

Procedure for determination/verification of age of the employee and for resolution of disputes cases of service records (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 recognized educational institution, the date of birth recorded in the School Leaving Certificate, shall be treated