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
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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