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HIGH COURT OF JHARKHAND
THAKUR MUNDA – Appellant
Versus
The Central Coal Fields Limited Through Its Chairman Cum Managing Director And Ors – Respondent
WPC 4660/2015



Advocates:
['SUCHENDRA PRASAD', 'ANOOP KR MEHTA', '', 'MUKESH BIHARI LAL']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No. 4660 of 2015

Thakur Munda

…....

Petitioner

Vrs.

1. The Central Coalfields Limited through its Chairman

cum Managing Director, Ranchi, Jharkhand

2. Director(Personnel), CCL, Ranchi, Jharkhand

3. The General Manager (P&IR), CCL, Ranchi, Jharkhand

4. The Staff Officer (P&A), Kuju Area, Ramgarh, Jharkhand

5. The Project Officer, Sarubera Colliery, P.S. Kuju, Ramgarh, Jharkhand

6. The Senior Officer (P&A), Sarubera Colliery, Ramgarh, Jharkhand

.....

Respondents

…....

CORAM:

HON’BLE MR. JUSTICE APARESH KUMAR SINGH

For the Petitioner

: Mr. Suchendra Prasad

For the Respondents

: M/s A.K.Mehta, Amit Kr. Sinha

02/13.10.2015

Heard learned counsel for the parties.

Petitioner has been appointed on 19.9.1995 vide

Annexure-1 on the post of Piece Rated Worker in the Kuju Area

under the respondent- Central Coalfields Limited. He has passed

his Matriculation examination in 1991 as per the pass certificate

issued by the Bihar School Examination Board, Patna bearing

no.000091807 where his date of birth is shown as 28.2.1975.

However, in his service record his date of birth 21.9.1975 has

been entered. Petitioner has represented for correction of such

error of date of birth entered in the service record and thereafter

has approached this Court with the plea that prayer of the

petitioner is not at the fag end of the service and more over it is

based upon the admissible document of Matriculation

Certificate, which is recognized by the respondent- employer

also for the purposes of reckoning the age of the employee

entering in service. He has entered service after passing his

matriculation

examination.

Therefore,

in

terms

of

Implementation Instruction No. 76, he is entitled to raise his

claim for such correction. The error appears to be bonafide and

should be corrected within reasonable time.

Learned counsel for the respondent- company submits that

-2-

though instructions have not been received but the grievances

of the petitioner can be considered by the respondent no.5,

Project Officer, Sarubera Colliery, P.S. Kuju, Ramgarh, Jharkhand

after due application of mind to the relevant record and in

accordance with law if the petitioner approaches him with fresh

representation duly supported with all necessary facts and

documents.

In view of the aforesaid facts noted and the submission

made, at this stage, without getting into the merit of the claim of

the petitioner, the writ petition is disposed of to enable the

petitioner to approach the respondent no.5, Project Officer,

Sarubera Colliery, Ramgarh, Jharkhand for redressal of his

aforesaid grievances by filing a detailed representation also

enclosing the copy of the writ petition within a period of 3

weeks. On receipt thereof, the respondent no.5, Project Officer,

Sarubera Colliery, Ramgarh, Jharkhand would scrutinize the

relevant records of the petitioner and take a decision in

accordance with law within reasonable time preferably 12

weeks, thereafter.

The writ petition is disposed of accordingly.

(Aparesh Kumar Singh, J.)

A. Mohanty

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