THE HONOURABLE SRI JUSTICE G.M. MOHIUDDIN WRIT PETITION No.1350 OF 2016

ORDER:

This writ petition is filed to call for records and to declare that the order passed by the respondent No.2 herein in proceedings Ref.No.RG3/PER/PM/54/3087, dated 06.10.2015 determining the age of the petitioner as 61 years as on 21.09.2015 instead of 59 years with date of birth reckoned as 14.07.1956 as illegal, contrary to law, unjust and perverse and to declare that the petitioner is entitled to continue in service up to 31.07.2016 by considering the original date of birth as

14.07.1956.

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 and perused the record.

3. It is contended by the learned counsel for the petitioner herein that the petitioner herein was appointed in the service of the respondent Company on 13.07.1981 as a Badli Filler and while joining the service his age was 25 years as per his educational qualification certificates.

4. It is contended that the petitioner studied Class X from Zilla Parishad Secondary School, Julapally, Karimnagar District, which issued a School Leaving Certificate on 05.09.1980 recording his date of birth as 14.07.1956, which he had furnished prior to his appointment and, on that basis, he was under the bona fide belief that he would retire on attaining the age of superannuation i.e., on 31.07.2016.

5. The petitioner contends that his age was wrongly entered/altered in the service records as 27 years as on 1981 instead of 25 years as on 1981 and that his representation dated 06.06.2013 against the said alteration in the service records was ignored and that aggrieved by such inaction he filed W.P. No. 21249 of 2013.

6. The said writ petition along with writ petitions filed by similarly placed workers, with a similar prayer, were disposed by this Court on 31.03.2015 with W.P.No.33343 of 2012 as the lead case, directing the respondent to refer the matter to Apex Medical Board.

7. It is contended that the petitioner appeared before the Medical Board on 11.09.2015 and 21.09.2015 and the Medical Board without taking into consideration the school certificate produced by the petitioner and without assigning any cogent reasons continued the entries made by the authorities themselves; that the petitioner is entitled to continue in service upto 31.07.2016 reckoning his date of birth as 14.07.1956 (as entered in the school records)

8. Per Contra, the learned Standing Counsel for the respondent Company stated that the petitioner did not submit any documentary proof regarding his age/date of birth at the time of initial appointment in the respondent Company. The age of the petitioner was assessed as 27 years as on 21.05.1981 by the Colliery Medical Officer, in the age assessment form and the same date of birth was recorded in the service records and the other statutory documents. The learned Standing Counsel further submitted that the date of birth recorded in the service records would be considered authentic.

9. The learned Standing Counsel further 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, s