IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1822 of 2009
Khatra Dhari Mahto ...... Petitioner
Versus
Bharat Coking Coal Limited,
Dhanbad & ors. ...... Respondents
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CORAM: HON’BLE MR. JUSTICE D.N.PATEL
———
For the petitioner: Mr. Rajesh Kumar, Advocate
For the BCCL: Mr. Anoop Kr. Mehta, Advocate
———
03. Dated 1st May, 2009
1. Having heard learned counsels for both the sides and looking
to paragraph no.5 of the counter affidavit, it appears that the
Matriculation Certificate of the present petitioner has been
duly verified by the concerned respondent authorities, which
reveals the date of birth of the petitioner as June 10, 1954
and hence the date of retirement of the petitioner will be the
end of June, 2014.
2. Learned counsel for the petitioner has submitted that the
Matriculation Certificate is the best evidence, so far as the
date of birth is concerned, which has been fairly accepted by
the learned counsel for the respondents, in view of the
judgment, rendered by Full Bench of this Court, as reported
in 2007(3) J.L.J.R. 726.
3. In view of the aforesaid decision and in view of the
Matriculation Certificate, this writ petition is allowed. The
date of birth of the petitioner shall now be read for all the
purposes by the respondent authorities as June 10, 1954
and, accordingly, the superannuation notice at Annexure 3
to the memo of present petition is hereby quashed and set
aside.
4. This writ petition is allowed to the aforesaid extent with no
order as to costs.
(D.N.Patel, J.)
A.K.Verma/