WRIT PETITION 1952 of 2005 on 19 January 1947

1. Bharat Coking Coal Ltd., Koyla Bhawan, Koyala Nagar, Dhanbad, through its Chairman-cum-Managing Director

2. Chairman-cum-Managing Director, Bharat Coking Coal Ltd., Koyala Bhawan, Koyala Nagar, Dhanbad

3. General Manager, Putki, Balihari Area, Bharat Coking Coal Ltd., Dhanbad

4. Deputy Chief Personnel Manager, Putki, Balihari Area, Bharat Coking Coal Ltd. Dhanbad

5. Regional Manager (Transportation) Auto Work-shop, Kendua dih, Bharat Coking Coal Ltd., Dhanbad... Respondents

CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioner : Mr. Sanjay Piprawall, AdvocateFor the Respondents : Mr. Amit Kumar Sinha, Advocate

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Seeking correction in his date of birth, as recorded in the 14/12.01.2017

Matriculation certificate, the petitioner has approached this Court.

2. Heard.

3. Mr. Sanjay Piprawall, the learned counsel for the petitioner submits that the Matriculation certificate which was issued in the year, 1967, that is, prior to petitioner's service under the respondent-Bharat Coking Coal Limited (BCCL) must be taken as the conclusive proof for his age. Referring to the Implementation Instruction No. 76, the learned counsel contends that the respondent-BCCL is bound by its own guidelines which provide that the date of birth in the Matriculation certificate shall be treated as correct date of birth of the employee.

4. The learned counsel for the respondent-BCCL, however, has contended that the date of birth of the petitioner as recorded in his service record, which was signed by him and thus, binding on him has to be treated as his correct date of birth for his employment under M/s BCCL.

5. The petitioner has pleaded that his correct date of birth is 19.01.1947 and this is the date of birth recorded in the certificate issued by the Board of High School and Intermediate Education, Uttar Pradesh. This certificate was issued on 24.06.1967. Prior to his appointment under M/s BCCL, the petitioner was appointed as Sepoy in Indian Navy. At the time of his appointment in the Indian Navy he was 18 years of age. The discharge certificate issued to the petitioner records his date of birth as 04.07.1945. The petitioner has not offered any plausible explanation for discrepancy in his date of birth recorded in the discharge certificate and the alleged certificate of the Board of High School and Intermediate Education, Uttar Pradaesh vide Annexure-2. The respondent-BCCL has taken a stand that in the statutory Form-B his date of birth is recorded as 04.07.1945, both in figures and words. The petitioner was appointed under M/s BCCL on 04.03.1982. It has also been denied that at the time of his appointment under M/s BCCL, the petitioner produced the Matriculation certificate. Only few months before he was to superannuate from service in the month of July, 2005, he came before this Court by filing the instant writ petition. However, in the writ petition he has not disclosed how he could come to know that wrong date of birth has been recorded in Form-B. The petitioner has obviously raised a dispute in respect of his date of birth at the fag end of his service. No doubt, the Matriculation certificate issued prior to appointment can be treated as an unimpeachable document, on the basis of which date of birth of an employee can be determined, however, in view of same date of birth of the petitioner appearing in two government records, at this stage on the basis of the Matriculation certificate his date of birth cannot be corrected. Moreover, such correction in the date of birth would bring two contradictory date of births in government records.

6. In the light of the aforesaid facts, I find that the date of Amit/

birth of the petitioner as recorded in the statutory Form-B is his correct date of birth, in so far as, his appointment under M/S BCCL is concerned.

7. In the result, the writ petition is dismissed.

8. I.A. No. 1670 of 2005 for amendment in prayer stands dismissed.

(Shree Chandrashekhar, J.)