JUDGMENT
R.K. Merathia, J.
1. Respondent prays for accepting the counter-affidavit filed on 2.11.2006 beyond the time granted.
Heard.
Filing of the counter-affidavit is accepted.
I.A. No. 2961 of 2006 is disposed of.
W.P. (S) No. 7114 of 2005
The parties agreed for disposal of this writ petition at this stage as per the order dated 20th July, 2006. Accordingly, they were heard at length.
2. Petitioner has filed this writ petition for a direction upon the respondents to correct his date of birth from 28.8.1946 to 15.3. 1954.
The service excerpts of the employees were circulated to them in the year 1988 requesting them to give the details for filling up the blank columns in the service record. In column 6 of petitioner’s letter his date of birth 28.8.1946 was mentioned. Petitioner made a note that his age is 35 years and the said date of birth is wrong.
3. Counsel for the petitioner submitted that there was no document on the basis of which his aforesaid date of birth was recorded in his service records.
Counsel for the respondents referred to the statutory Form B register (Annexure B) to show that the date of birth of petitioner was declared as 28.8.1946 He further pointed out to the service register of the erstwhile owner i.e. National Coal Development Corporation Limited (NCDC) to show that 28.8.1946 was the date of birth as per CMPF (Coal Mines Provident Fund). He further submitted that the aforesaid contention raised by the petitioner when the service excerpt were circulated in 1988 was examined by the Management through a duly constituted Committee and after examination of the entries made in different records, such objection was rejected and the same was communicated to the petitioner by letter dated 13.12.1988 (Annexure-F), which was received by him on 26.12.1988. Again such dispute was raised by the Union and the same was again rejected. He submitted that at the fag end of service, when petitioner was going to retire in August 2006, he filed this writ application in December 2005. though his claim was rejected as far back as in December 1988 and then in 1995. He lastly submitted that in any event, such dispute about the date of birth cannot be decided in this writ petition.
4. I find force in the submissions of learned Counsel for the respondents. Petitioner did not raise any dispute with regard to his date of birth declared by him in the statutory Form B register for about 14 years after he was appointed in 1974. For the first time, when service excerpts were circulated for filling up the blank columns in 1988. he disputed his date of birth. Such objection was rejected after examining the same as far back as in December 1988. Again such objection raised by the union was rejected in 1995. He filed this writ petition in December 2005 disputing his date of birth when he was going to retire in August 2006. I find no merit in this writ petition which is accordingly dismissed. No costs.