THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.4329 of 2017

ORDER:

The case of the petitioner, as per the writ affidavit, is that he was born on 14.06.1969 at Bellampalli village and mandal, Mancherial District, Telangana State, and he joined the respondent company on 10- 02-1986 as a Badli Coal Filler and obtained promotion to the post of Lamp Room Attendant, Category V. His date of birth has consistently been recorded as 14-06-1969 in all official records including his S.S.C. certificate, medical certificates dated 01.07.1989, 30.04.1990, 10.01.1991, 10.02.1991, 04.02.1991, 18.03.1991, 06.10.1997, 14.09.2001, 04.09.2001, and 16.09.2003, as well as in the Employees Personal Record dated 23.08.2002. However, while applying for the Mining Sardar Examination in 2003, his application was rejected due to an alleged discrepancy in his Service Book, where although his date of birth was stated as 14.06.1969, his age was recorded as 25 years as on 01.01.1986. He made several oral representations and had also filed W.P.No.614 of 2003, seeking correction of the clerical mistake. This Court, by order dated 13.08.2015, disposed of the writ petition as per the common order dated 31.03.2015 in W.P. No.33343 of 2012 and batch, directing the respondent company to subject the petitioner to scientific medical examination by a panel of specialists followed by review by the Apex Medical Board. Pursuant to the direction of this Court, the petitioner underwent medical assessment at the Company Hospital, Kothagudem, on 12.03.2016 and appeared before the Apex Medical Board on 29.08.2016, where he submitted his S.S.C. certificate dated

06.06.1986 and other relevant documents; however, the 3^rdrespondent, through proceedings dated 27.11.2016, confirmed the original age determination of 25 years as on 01.01.1986, thereby dismissing the validity of the S.S.C. certificate on the ground that it was obtained after his appointment in the respondent company, and that he would have been a minor, aged 16 years, at the time of appointment. The petitioner objected to the same stating that prior to the amendment to Section 40 of the Mines Rules, 1955, the minimum age for the Badli Coal Filler post was 16 years, and that he appeared for his S.S.C. exams before joining service though the certificate was issued later. He further submits that the Apex Medical Board proceedings and Age Assessment Report dated 29.08.2016 lack transparency, scientific methodology, or disclosure of any tests such as ossification, radiological, or skin analysis; and that the process violated the company's own Executive Instructions dated 01.08.1988 and Implementation Instructions No.76 dated 25.04.1988. It is alleged that the proceedings of the respondent authorities in determining is age lacks transparency, and company’s stand is inconsistent with the precedents set for other employees like his elder brothers Eligeti Mallesh and EligetiNarasimhulu, whose dates of birth are 13.06.1962 and 30.08.1963, respectively, and therefore the proceedings are arbitrary, illegal and violative of Article 14 of the Constitution. The petitioner therefore prays for a writ of Mandamus declaring proceedings dated 27.11.2016 and the Age Assessment Report dated 29.08.2016 as illegal and seeks a direction to the respondent company to rectify his date of birth as per the S.S.C. certificate and continue him in service till the superannuation date of 31.01.2029 with all consequential benefits.

2. Heard Mr. Surendra Desai, learned counsel for the petitioner; and Ms. A. Bhavani, learned counsel representing Mr. P. Sri Harsha Reddy, learned Standing Counsel for respondent-Singareni Collieries. Perused the record.

3. Learned counsel for the petitioner contended that the petitioner, Eligeti Sri Ramulu, retired as Lamp Room Attendant, was illegally treated as being over 55 years of age based on an arbitrary and unscientific assessment, despite his actual date of birth being 14.06.1969 as evidenced by a valid S