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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Writ Petition No.1270 of 2006

Sripat Ram @ Sripati Ram Aged about 55 years, S/o Late Somaru Ram,

R/o 2 B/5 Jaiprakash Colony, Post: Subhash Block, SECL, Dist: Korba

(CG)

---Petitioner

Versus

1. South Eastern Coalfields Limited Through its Chairman-cum-

Managing Director, Seepat Road, Bilaspur (CG)-495006

2. General Manager, Central Workshop, SECL, Korba

---Respondents

For Petitioner

:

Mr. Gary Mukhopadhyay, Advocate

For Respondents

:

Mr. Vivek Verma, Advocate

Hon’ble Shri Justice Sanjay K. Agrawal

Order on Board

04/10/2016

1.

The petitioner joined services with the SECL on 5.7.1972 on the

post of Under Ground Loader. He disclosed his date of birth as 2.3.1946

in Form 'B' maintained under Rule 48, 51, 77 and 77A(2) of the Mines

Rules and thereby the SECL recorded date of birth of the petitioner as

2.3.1946. In the meanwhile, on 21.2.2006, the petitioner filed the writ

petition before this Court stating that his date of birth has wrongly been

recorded in the service records of the petitioner by the SECL and his

actual date of birth is 5.3.1951. In support of his date of birth, he filed

Nirgam Praman Patra (Annexure P/3) in which his date of birth is

recorded as 5.3.51 and also filed marksheet issued by the D.A.V. Inter

College, Gazipur (Annexure P/4) in which no date of birth is recorded. He

also filed School Leaving Certificate/Transfer Certificate (Annexure P/5)

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issued by the Head of the Institution, D.A.V. Inter College, Gazipur, in

which date of birth of the petitioner has been shown as 5.3.51. On the

basis of aforesaid documents, the petitioner claimed that his date of birth

be corrected as 5.3.1951 in the service records of the SECL and he is

entitled for continuation of service and other consequential benefits. In

the meanwhile, the petitioner retired from his service on 31.3.2006.

2.

Return has been filed by the SECL opposing the prayer stating

that as per service records, date of birth of the petitioner is 2.3.1946 and

statutory documents as required under Implementation Instruction No.76

have not been filed by the petitioner and the documents filed by the

petitioner cannot be relied upon as date of birth of the petitioner is

2.3.1946.

3.

No rejoinder has been filed.

4.

I have heard learned counsel appearing for the parties and

considered their rival submissions made and also gone through the

documents appended with the petition.

5.

In order to consider the plea raised at the Bar, it would be

appropriate to notice the relevant provision contained in Implementation

Instruction No.76 which is a part of National Coal Wage Agreement III and

which provides procedure for determination/verification of the age of the

employees, and for resolution of disputed cases of Service Records,

framed by the Joint Bipartite Committee for the Coal Industrial of Coal

India Limited. In Implementation Instruction No.76, the procedure is

divided in two parts, Para (A) provides for Determination of the age at the

time of appointment whereas Para (B) provides for Review/determination

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of date of birth in respect of existing employees. In order to consider the

plea raised at the Bar, it would further be appropriate to reproduce Para

(A) (ii) which provides for determination of the age at the time of

appointment. It reads as follows:-

“(ii) Non-matriculates but educated.

In the case of appointees who have pursued studies in a

recognised educational institution, the date of birth

recorded in the School Leaving Certificate, shall be treated

as correct date of birth and same will not be altered under

any circumstances.”

6.

Para (B) of Implementation Instruction No.76 provides

for Review/determination of date of birth in respect of existing

employees which we are concerned here. Para (B) (i) (a) of the said

Instruction reads as follows:-

“(i)

(a) In the case of the existing employees

Matriculation Certificate o