THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No. 31425 of 2024

ORDER

This Writ Petition has been filed by the petitioner for the following relief:

“…to declare the impugned order Ref.No.MMR/SK/W15/ 2024 /984 dated 28.03.2024 issued by the 7^th respondent, vide Ref. No. MMR/PER/L/062/24/4242 dated 19.09.2024 issued by the 5^th respondent and Ref. No. MMR/SK/P.14/24/2180 dated 21.09.2024 issued by the 6th respondent intimating the petitioner's due date of retirement as 31.05.2025 though the date of retirement on 30.06.2030 as per date of birth as 25.06.1970 as recorded by the 7th class examination of Board is illegal, arbitrary and consequently, direct the respondents to continue the petitioner in service as Pump Operator in the Singareni Collieries Company Limited (SCCL) Bhadradri Kothagudem district, by granting all the service benefits to the petitioner and pass...”

2. Heard Sri G. Allabaksh, learned counsel for the petitioner, Sri P. Sriharsha Reddy, learned Standing counsel for Singareni Collieries Company Limited (SCCL) for respondent Nos.1 to 7 and the learned Government Pleader for Mines and Geology for respondent No.8.

3. Learned counsel for the petitioner submits that the petitioner was appointed as a Badlifiller in the respondent Singareni Collieries Company Limited (for short “SCCL”) on 23.08.1988. Subsequently, the petitioner was promoted to the position of Tunnel Mazdoor, then to General Mazdoor and now currently as a Pump Operator. At the time of entering into service, authorities recorded Date of Birth of the petitioner as 25.05.1964 instead of 25.06.1970. According to his School Certificates or records, such as the Transfer certificate, Bona Fide Certificate dated 18.02.1999, 7^th class Board examination Memo of Marks certificate, and his date of Birth Certificate dated 22.02.1999 issued by the Headmaster, ZPSS Garepally, Sulatanabad Mandal, Karimnagar District, his date of birth was recorded as 25.06.1970. Whereas the respondent company recorded his date of birth as 25.05.1964.

3(i) Learned counsel for the petitioner further submits that since the petitioner studied up to 7^th class, he was under the bona fide impression that he would be continued in service up to 30.06.2030, i.e. till he attains the age of superannuation as per his school certificates. As a mistake was made in recording the petitioner’s date of birth in the service records, the petitioner submitted a representation on 22.12.2023 stating that to continue him in service up to 31.05.2030 as his date of birth was recorded as

25.06.1970 in school records, but not as 25.05.1964. Nonetheless, this was not considered and on the other hand, on 22.12.2023, the respondents informed the petitioner orally that he would retire from service w.e.f. 30.05.2024 as his last working day, which is incorrect and false.

3(ii) Learned counsel for the petitioner further submits that the petitioner noticed that a mistake was made in the preparation and maintenance of the service records, and the same is contrary to his school records. His age was 18 years as on the date of his appointment, i.e. 23.08.1988 vide Letter No.P.BPA/85.A/3307. As per school records, his date of Birth is 25.06.1970. Based on the school and Memo of Marks certificate issued by the 7^th Class Examination of the Comprehensive Board, he shall continue in service up to 31.05.2030 to attain superannuation. Therefore, the entire action, apart from the above discrepancy in the preparation and maintaining the service records as well the advance intimation of retirement, suffers from incurable legal impediments and contrary to the date of birth rules and is in gross violation. The same was brought to the respondents’ notice through a detailed representation dated 22.12.2023 with a request to correct his date of birth as 25.06.1970 and on that basis, continue him in service till

31.05.2030.

3(iii) Learned counsel for the petitioner further submits that thereafter, the petitioner approached the respon