HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 26142 OF 2017

O R D E R:

Petitioner claims to have been appointed in respondent - Singareni Collieries Company Limited as a General Mazdoor at KKSA Incline, at Mandamarri on 18.9.1976, and thereafter, was promoted as a Trammer, Munshi Grade-II, Grade-D Supervisor. He worked as Grade-I Munshi from 01.01.2005. The grievance of petitioner is that he came to know that his date of birth was wrongly recorded by respondent authorities at the time of appointment as 10.09.1954 instead of 10.06.1958; he made an Application to the Colliery Manager of K.K 5A Incline (where he worked at that time) for rectification of date of birth as per 7th class transfer certificate No. 3804 which was issued on 18.11.1974 by the Head Master, Z.P. High School, Bachampet, Warangal District; then it was forwarded to General Manager, Mandamarri, who gave a reply dated 03.05.1996 stating that transfer certificate cannot be taken into consideration for correction of date of birth. He filed Writ Petition No. 30218 of 2010 challenging the reply after fourteen years, which was dismissed on ground of delay and latches and that if the Corporation takes any scheme for alteration of date of birth, his case would get attracted.

It is stated that pursuant to the notice dated

10.09.2012 issued by the respondents for alteration of date of birth, as per Circular dated 01.08.1988, petitioner made an Application for change of date of birth along with 7^th class transfer certificate, but respondents considered the Applications who have 10^th class certificates and rejected the 7^th class certificate holders. As per Circular dated 01.08.1988, Implementation Instruction 76 A (ii), employees, who are non – matriculates, transfer certificate or leaving certificate is sufficient for date of birth and shall be treated as correct date of birth. However, respondents did not consider 7^th class transfer certificate and issued letter dated 12.12.2012 to retire from the company’s service with effect from 30.09.2014. In those circumstances, petitioner filed Writ Petition No. 3218 of 2014, which was disposed of on 01.07.2015 directing respondents to conduct medical test for confirmation of age. Petitioner is stated to have attended medical test on 05.01.2016 and 14.01.2016 but they did not conduct any test as per norms and did not give any report and simply rejected him from service based on his age showing as excess; his request to furnish medical report through RTI Act was not acceded to. Hence, this Writ Petition.

2. The General Manager, SRP Area filed counter on behalf of respondents stating that Writ Petition is not maintainable on the ground of latches. The Hon’ble Apex Court in catena cases held that disputes regarding change of date of birth cannot be entertained in the fag end of service. It is stated that Petitioner retired from his services with effect from 01.10.2014 and received all terminal benefits. According to this respondent, Implementation Instruction No.76 of the Joint Bipartite Committee for Coal Industry laid down procedure for determination of age/ date of birth at the time of appointment or in respect of existing employees. It is also stated that every person while entering into service shall declare his age/date of birth by submitting valid education and age proof. In case of new appointees who are literates, SSC/Matriculation Certificate or its equivalent examinations is the valid proof. The date of birth as recorded in the said certificate will be adopted without any modification in the service records of the Company and the same cannot be altered under any circumstances. If the new appointee joins as illiterate, the Date of Birth will be determined by the Colliery Medical Officer by conducting necessary examinations and the same will be entered in the service records.

It is stated that Petitioner joined Respondent Company as an illiterate and did not submit any valid proof of Date of Birth at the time of his join