High Court Jharkhand High Court

Phoolchand Tripathi vs Sail & Ors on 2 February, 2009

Jharkhand High Court
Phoolchand Tripathi vs Sail & Ors on 2 February, 2009
               In the High Court of Jharkhand at Ranchi

                     W.P.(S) No.5123 of 2007

               Phoolchand Tripathi.........................................Petitioner

                     VERSUS

               Steel Authority of India Limited and others...Respondents

               CORAM: HON'BLE MR. JUSTICE R.R.PRASAD

               For the Petitioner: M/s. S.K.Mishra and Kumar Nilesh
               For the Respondents: Mr.Ananda Sen

Reserved on 21.1.2009                                  Pronounced on 2.2.2009

 7.   2.2.09

It is the case of the petitioner that he had been appointed

on 19.9.1972 on the post of Electrician in the Chasnala Colliery, a

unit of Indian Iron and Steel Company. At the time of

appointment, the petitioner had furnished his matriculation

certificate showing date of birth as 3.7.1948 and hence, the

petitioner was always under impression that the same date of birth

has been recorded in the relevant records of the Company. In

course of time, the petitioner was given promotions and at every

occasion, the concerned authority before giving promotion, used to

scrutinize documents including educational certificate. But all on a

sudden, the petitioner was served with a letter dated 31.3.2007

(Annexure 6) intimating therein that the petitioner is to retire on

superannuation on 30.9.2007 as he will be completing 60 years of

age on 19.9.2007. Being shocked with the said communication,

the petitioner immediately made representation before the

respondent no.3 that as per the age recorded in the matriculation

certificate, the petitioner is supposed to retire on 31.7.2008 and

therefore, he may be allowed to work till that date. But no order

was passed, in spite of repeated reminders being given to them

and hence, there was no option left with the petitioner but to move

this Court for quashing the order contained in Annexure 6
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intimating therein about the date of superannuation as 30.9.2007

and also for a direction to the authority to accept the age of the

petitioner as recorded in the matriculation certificate.

Learned counsel appearing for the petitioner submits that as

per the instruction no.76(A) of N.C.W.A-III, age of the employee

shall be governed by the date of birth recorded in the matriculation

certificate but the authority by giving complete go-bye to the said

instruction made the petitioner to retire prematurely which is quite

illegal, in view of the instruction no.76(A) and also in view of the

decision rendered by this Court in L.P.A. No.493 of 2006 and is also

against the judgment rendered by the Full Bench of this Court in

the case of Kamta Pandey vs. M/s. Bharat Coking Coal

Limited and others [2007(3) JLJR 726] holding therein that

the date of birth recorded in the matriculation certificate would

prevail over any other document showing age of the petitioner and,

therefore, the impugned order dated 31.3.2007 as contained in

Annexure 6 is fit to be quashed and the petitioner is entitled to

consequential relief.

However, the stand of the Steel Authority India Limited as

has been made out in the counter affidavit is that at the time of

appointment, the petitioner had not produced any document

whatsoever in proof of his age and, therefore, the petitioner was

medically examined by the Medical Officer and age of the petitioner

was assessed as 25 years as on 19.9.1972 and, accordingly, date of

birth was recorded as 19.9.1947 in statutory Form B register which

bears the signature of the petitioner indicating therein about the

acceptance of the age by the petitioner at the time of appointment

and accordingly, when the petitioner was intimated about the date

of superannuation as 30.7.2007, controversy was raised that the

petitioner’s date of birth as per matriculation certificate is
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3.7.1948, though such certificate had never been produced by the

petitioner and as such, the petitioner cannot take any advantage of

that and under this situation, this writ application is fit to be

dismissed.

Thus, the question falls for consideration as to which date of

birth recorded in the matriculation certificate or in the statutory

Form B register be treated to be the correct date of birth.

There has been no dispute that as per Instruction

no.76(A)(i) age of the appointee is to be determined on the basis

of matriculation certificate but if a person is illiterate, then age of

the appointee is to be determined by the Medical Officer. In the

instant case, the petitioner does claim the age on the basis of date

of birth recorded in the matriculation certificate but such certificate

never seems to have been produced before the authority at the

time of assessment of the age as had the said certificate been

produced before the authority, the petitioner may not have been

asked to get the age assessed by the Medical Officer. Further it

does appear that when the age of the petitioner was assessed,

corresponding date of birth was entered in to the statutory Form B

register which seems to have been acknowledged by the petitioner

as statutory Form B register bears the signature of the petitioner.

But when the letter dated 31.3.2007 as contained in Annexure 6

was communicated to the petitioner at the fag end of his service

intimating therein about the date of superannuation, controversy

was raised and, therefore, the petitioner cannot be allowed now to

raise the controversy relating to age. Under this situation, the ratio

laid down by the Full Bench of this Court will not be helpful to the

petitioner as in that case identify card issued to the petitioner was

bearing the same date of birth as it was there in the matriculation
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certificate and even Seva Abhilekh contained the same date of

birth, though it was different in statutory Form B register and under

this situation, it was held that date of birth as recorded in the

matriculation certificate would prevail over other document

showing age of the person but, in the instant case, nothing seems

to be there on the record to establish or even to suggest that the

matriculation certified was produced at the time of recording age.

Almost in identical situation, this court in a case of Nand Kishore

Singh vs. The Indian Iron & Steel Co. Ltd. and others (L.P.A

No.550 of 2006) was pleased to hold that date of birth cannot be

allowed to be changed at the fag end of the service when

certificate showing different date of birth was never produced

before the authority at the time of recording the age.

Thus, I do not find any merit in this writ application. Hence,

it is dismissed.

(R.R.Prasad, J.)
ND/