{"id":200941,"date":"2009-12-08T00:00:00","date_gmt":"2009-12-07T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/bhagwat-singh-vs-central-coalfields-ltd-ors-on-8-december-2009"},"modified":"2015-10-17T00:05:48","modified_gmt":"2015-10-16T18:35:48","slug":"bhagwat-singh-vs-central-coalfields-ltd-ors-on-8-december-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/bhagwat-singh-vs-central-coalfields-ltd-ors-on-8-december-2009","title":{"rendered":"Bhagwat Singh vs Central Coalfields Ltd. & Ors on 8 December, 2009"},"content":{"rendered":"
Jharkhand High Court<\/div>\n
Bhagwat Singh vs Central Coalfields Ltd. & Ors on 8 December, 2009<\/div>\n
                              WRIT PETITION (SERVICE) NO. 2340 OF 2002\n                 [In the matter of an Application under Article 226 of the Constitution of India]\n                                               .....\n                 1. Bhagwat Singh ...... .....           ...... ...... .....          Petitioner\n                                      Versus\n                 1. Central Coal Field Limited\n                 2. Personnel Manager, M.P.& Establishment, C.C.L.,\n                    Darbhanga House, Ranchi\n                 3. Chief General Manager, Staff Officer (P&A),C.C.L.\n                    Piparwar Area, P.O. Bachra, Dist.-Hazaribagh\n                 4. Director Personnel, C.C.L., Ranchi\n                 5. Project Officer, Bachra, Piparwar Area, C.C.L.,\n                    District : Hazaribagh    ...... .....       ...... ...... Respondents\n                                             ....\n                 For the Petitioner          :     Mr. V. N. Jha\n                 For the Respondents         :     Mr. Ananda Sen\n\n                        PRESENT:\n                        THE HON'BLE MR. JUSTICE AMARESHWAR SAHAY\n                                       ----\n\nAmareshwar Sahay, J.     By filing this writ petition, the petitioner has prayed for the\n\n                 following reliefs:\n\n                        (i)      to quash the order dated 06.02.2002 ( Annexure-6 )\n\n                                 and order dated 08.02.2002 ( Annexur-7 ) by which\n\n                                 the representation of the petitioner for correction of\n\n                                 the date of birth has been rejected;\n\n                        (ii)     for a direction to the respondents to allow the\n\n                                 petitioner to continue in service till August, 2002 on\n\n                                 the basis of the date of birth as recorded in his\n\n                                 matriculation certificate;\n\n                        (iii)    to quash the Annexure-2 i.e. the order dated\n\n                                 19.10.2000<\/pre>\n
 directing the petitioner to superannuate<\/p>\n
                                 on and from 01.11.2001;\n<\/p>\n
                        (iv)     to direct the respondents to correct his date of birth<\/p>\n
                                 as 21.08.1942 in place of 01.11.1941 on the basis of<\/p>\n
                                 the date of birth recorded in the matriculation<\/p>\n
                                 certificate, and<\/p>\n
                        (v)      to pay the salary since December, 2001 for the period<\/p>\n
                                 he worked.\n<\/p>\n
                                                     W.P.(S) NO.2340 OF 2002
\n                             2<\/span><\/p>\n
       The case of the petitioner, in short, is that he was initially<\/p>\n
appointed on 25.11.1959 on the post of Pump Khalasi and was<\/p>\n
posted at Piparwar Project of the C.C.L. in the District of<\/p>\n
Hazaribagh. He passed matriculation examination in the year 1959,<\/p>\n
the result of which was published in June, 1959 i.e. before his<\/p>\n
initial appointment.\n<\/p>\n
       The grievance of the petitioner is that though his actual date<\/p>\n
of birth is 21.08.1942 as recorded in the matriculation certificate,<\/p>\n
but in the service sheet, his date of birth was wrongly recorded as<\/p>\n
01.11.1941.   In the year 1987-88, the respondents supplied the<\/p>\n
service sheet to each employee of the C.C.L., and one of such<\/p>\n
sheet was also supplied to the petitioner, from which he came to<\/p>\n
know for the first time that his date of birth has wrongly been<\/p>\n
recorded in his service sheet as 01.11.1941. He immediately raised<\/p>\n
objection and made endorsement in the service sheet itself that the<\/p>\n
date of birth has wrongly been recorded, therefore, it should be<\/p>\n
corrected as per the matriculation certificate. A copy of said service<\/p>\n
sheet has been annexed as Annexure-1 to this writ petition. During<\/p>\n
the period the matter regarding correction of date of birth was<\/p>\n
pending, the respondents issued a notice to the petitioner dated<\/p>\n
19.10.2000 as contained in Annexure-2 to the writ petition,<\/p>\n
informing him that he would retire from service with effect from<\/p>\n
01.11.2001 on attaining the age of superannuation. On receipt of<\/p>\n
the said notice, the petitioner made a representation to correct his<\/p>\n
date of birth on the basis of his matriculation certificate.<\/p>\n
Thereafter, on 30.10.2000, a letter as contained in Annexure-3 was<\/p>\n
issued to the petitioner asking him to submit mark-sheet issued by<\/p>\n
the Bihar School Examination Board, the admit-card etc. as well as<\/p>\n
the name of the center from which he appeared in the said
\n                                                    W.P.(S) NO.2340 OF 2002
\n                            3<\/span>
\nmatriculation examination. The petitioner submitted those details<\/p>\n
as required.\n<\/p>\n
      Further, the case of the petitioner is that the respondents<\/p>\n
also enquired from the Bihar School Examination Board about the<\/p>\n
genuineness of the documents submitted by the petitioner, and in<\/p>\n
reply to that, by issue of a letter dated 29.09.2001, the Bihar<\/p>\n
School Examination Board, informed the Office of the Chief General<\/p>\n
Manager, C.C.L., Piparwar Area that on verification and inquiry, it<\/p>\n
was found that the petitioner appeared from Sherghati center and<\/p>\n
he passed the matriculation examination in third division in 1959<\/p>\n
Annual Examination and his date of birth recorded was 21.08.1942.<\/p>\n
The petitioner also submitted a duplicate matriculation certificate<\/p>\n
before the authorities concerned, as issued by the Bihar School<\/p>\n
Examination Board, showing his date of birth as 21.08.1942.<\/p>\n
      The grievance of the petitioner is that though in his<\/p>\n
Matriculation certificate issued by the Bihar School Examination<\/p>\n
Board, his date of birth was recorded as 21.08.1942, but, the<\/p>\n
Project Officer, Bachra by issue of letter dated 06.2.2002 as<\/p>\n
contained in Annexure-6 to the writ petition informed him that his<\/p>\n
request for correction of date of birth has not been agreed to by<\/p>\n
the competent authority in view of the fact that his date of birth<\/p>\n
was mentioned as 01.11.1941 in the form ‘B’ Register as well as in<\/p>\n
P.S.-3 and P.S.-4 forms, maintained in the office. Subsequently, by<\/p>\n
issue of Annexure-7 dated 08\/9-02-2002, the petitioner was<\/p>\n
informed that his representation dated 18.12.2001 was examined<\/p>\n
and it was found that there was no merit in his case.<\/p>\n
      The petitioner states that he performed his regular duties till<\/p>\n
07.02.2002, and only on and from 08.02.2002, he was stopped<\/p>\n
from working, but, for the period from November, 2001 till<\/p>\n
07.02.2002, during the period he worked, he was not paid anything
\n                                                     W.P.(S) NO.2340 OF 2002
\n                             4<\/span>
\ntowards salary allowances etc. It is contended on behalf of the<\/p>\n
petitioner that there was no material before the respondents to<\/p>\n
record his date of birth as 01.11.1941. As a matter of fact, his date<\/p>\n
of birth was 21.08.1942 as per the matriculation certificate. It is<\/p>\n
further contended that before entering into the service of the<\/p>\n
respondents, the petitioner had already passed matriculation<\/p>\n
examination in the year 1959, and his matriculation certificate<\/p>\n
establishes conclusively that his date of birth is 21.08.1942,<\/p>\n
therefore, when the respondents got his certificate verified from<\/p>\n
the Bihar School Examination Board, then in all fairness, his date of<\/p>\n
birth ought to have been recorded in his service sheet. It is further<\/p>\n
contended that the impugned Annexures -6 & 7, by which the<\/p>\n
petitioner was informed that his representation as well as his<\/p>\n
request for correction of date of birth has been rejected, but no<\/p>\n
reason has been assigned for such rejection and the order passed<\/p>\n
are not speaking orders.\n<\/p>\n
       A counter affidavit has been filed on behalf of the<\/p>\n
respondents, wherein it is stated that as per the entry in the<\/p>\n
company’s record the date of birth of the petitioner was recorded<\/p>\n
as 01.11.1941, accordingly, the petitioner has retired from service<\/p>\n
on 31.10.2001. After his retirement, he has also received all the<\/p>\n
retiral dues including gratuity, arrears of salary, etc. It is further<\/p>\n
stated in the counter affidavit by the respondents that in the form<\/p>\n
‘B’ Register maintained by the C.C.L. as well as in P.S.-1, P.S.-3 and<\/p>\n
P.S.-4 forms contain the signature of the petitioner also show that<\/p>\n
the date of birth of the petitioner was entered in those records as<\/p>\n
01.11.1941, and therefore, in view of these facts, the claim of the<\/p>\n
petitioner for correction of the date of birth was not entertainable<\/p>\n
therefore the same has been rejected. About the matriculation<\/p>\n
certificate of the petitioner, it is stated by the respondents in their
\n                                                     W.P.(S) NO.2340 OF 2002
\n                             5<\/span>
\ncounter affidavit that the said certificate was neither issued prior to<\/p>\n
the date of appointment of the petitioner nor it was brought to the<\/p>\n
notice of the respondent-company at the time of employment or<\/p>\n
even immediately thereafter, and therefore, on the said basis his<\/p>\n
date of birth as 21.08.1942 cannot be accepted since if that date of<\/p>\n
birth of the petitioner is accepted, then in that event, he would be<\/p>\n
below 18 years of age on the date he entered into the employment<\/p>\n
of C.C.L. i.e. on 25.11.1959. As per the company’s records, the<\/p>\n
petitioner was an adult on the date of appointment, and therefore,<\/p>\n
his date of birth was correctly recorded in the relevant records of<\/p>\n
the company. In support of the statements made in the counter<\/p>\n
affidavit, the copies of service sheet, menial service register, form,<\/p>\n
P.S.-1, P.S.-3 and P.S.-4 have been annexed in order to show that<\/p>\n
the date of birth of the petitioner was recorded as 01.11.1941.<\/p>\n
       It is not disputed that the service sheet i.e. Annexure-1 was<\/p>\n
supplied to the petitioner on 29.7.1987 showing his date of birth as<\/p>\n
01.11.1941, I find that on the back of the Annexure-1 i.e. the<\/p>\n
service sheet, the petitioner did make endorsement that his date of<\/p>\n
birth was wrongly recorded which should be corrected. The said<\/p>\n
endorsement was made on that very date itself i.e. on 29.7.1987,<\/p>\n
the date on which the service sheet was supplied to the petitioner,<\/p>\n
therefore, it appears that the petitioner immediately objected about<\/p>\n
the wrong recording of his date of birth. From the matriculation<\/p>\n
certificate (Annexure-5) as well as the letter dated 29.09.2001<\/p>\n
(Annexure-4) sent by the Bihar School Examination Board to the<\/p>\n
Office of the Chief General Manager, C.C.L., it appears that on<\/p>\n
verification it was found that as per the records maintained in the<\/p>\n
Examination Board his date of birth was 21.08.1942. It was also<\/p>\n
certified that he passed matriculation examination in third division<\/p>\n
in the Annual Examination of 1959.\n<\/p>\n
                                                     W.P.(S) NO.2340 OF 2002
\n                             6<\/span>
\n       It is also not disputed that the petitioner was already a<\/p>\n
matriculate even prior to his appointment in C.C.L. So far the form<\/p>\n
P.S.-1, P.S.-3 and P.S.-4 which have been heavily relied upon by<\/p>\n
the counsel for the respondents to show that the date of birth of<\/p>\n
the petitioner was recorded as 01.11.1941, I find that these forms<\/p>\n
were filled up in the year 1998 i.e. much after the objection raised<\/p>\n
by the petitioner about wrong recording of his date of birth. It<\/p>\n
further transpires from the aforesaid three forms i.e. P.S.-1, P.S.-3<\/p>\n
and P.S.-4 and that there is cutting and over-writings in the year<\/p>\n
of the birth of the petitioner recorded in those records. Therefore,<\/p>\n
the recording of the date of birth in those forms i.e. P.S.-1, P.S.-3<\/p>\n
and P.S.-4 do not inspire confidence. The matriculation certificate is<\/p>\n
a most authenticated document for the date of birth of a person,<\/p>\n
therefore, I am inclined to accept the entry made in the<\/p>\n
Matriculation Certificate about the date of birth of the petitioner in<\/p>\n
place of relying on the entries made in the records of the<\/p>\n
respondent company which raise suspicion also about it.<\/p>\n
       There are several decisions of this Court including that of the<\/p>\n
Division Bench wherein it has been held that Matriculation<\/p>\n
Certificate is the conclusive proof to establish the date of birth.<\/p>\n
Reference in this regard may be made to the decision of this Court<\/p>\n
in case of Management of Heavy Engineering Corporation Ltd.,<\/p>\n
Ranchi Versus Mrs. Sarita Narayan & Ors. reported in 2003 (4)<\/p>\n
J.C.R. 602 (D.B.); Ramjanam Ram Versus M\/s Bharat Coking Coal<\/p>\n
Ltd., Dhanbad & Ors reported in 2002 (2) J.C.R. 48; M\/s Bharat<\/p>\n
Coking Coal Ltd. Versus Dwarika Dusadh @ Dwarika Ram reported<\/p>\n
in 2006 (1) J.C.R. 297; and (Mrs.) Sarita Narayan Versus H.E.C.,<\/p>\n
through the Chairman-cum-Managing Director Headquarter & Ors.<\/p>\n
reported in 2003 (2) J.C.R. 663.\n<\/p>\n
                                                                      W.P.(S) NO.2340 OF 2002
\n                                              7<\/span>
\n                        On consideration of the facts and circumstances stated<\/p>\n
                 above, I am of the view that the date of birth of the petitioner was<\/p>\n
                 21.08.1942 and the same was wrongly recorded in the service<\/p>\n
                 sheet and other relevant records of the company as 01.11.1941,<\/p>\n
                 and he has wrongly been made to retire prematurely from<\/p>\n
                 31.10.2001.    In fact, he was entitled to continue in service till<\/p>\n
                 31.08.2002, the date on which he would have superannuated on<\/p>\n
                 completion of the age of 60 years.\n<\/p>\n
                        Accordingly, this writ application is allowed, and the order as<\/p>\n
                 contained in Annexure-6 & 7 rejecting the representation of the<\/p>\n
                 petitioner for correction of the date of birth, are, hereby, quashed,<\/p>\n
                 and the respondents are directed to make necessary correction<\/p>\n
                 regarding the date of birth of the petitioner in their service records<\/p>\n
                 as 21.08.1942 in place of 01.11.1941. Since the petitioner has now<\/p>\n
                 reached the age of superannuation on 31.08.2002 itself, therefore,<\/p>\n
                 the question for direction to take him in service again does not<\/p>\n
                 arise. However, since he was prematurely retired from service, and<\/p>\n
                 therefore, the respondents are directed to pay him all the<\/p>\n
                 consequential benefit treating him to be in service till 31.08.2002.<\/p>\n
                 The respondent-C.C.L. is directed to pass a consequential order<\/p>\n
                 within a period of 8(eight) weeks from today. Since the petitioner<\/p>\n
                 was forced to retire prematurely and has been forced to go for<\/p>\n
                 litigation by the respondents, and therefore, this writ application is<\/p>\n
                 allowed with a cost of Rs.5000\/- (five thousand) to be paid to the<\/p>\n
                 petitioner within the aforesaid period.\n<\/p>\n<\/p>\n
                                                      (AMARESHWAR SAHAY, J.)<\/p>\n
Jharkhand High Court,
\nRanchi. Dated :08.12.2009
\nN.A.F.R.\/S.I\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Jharkhand High Court Bhagwat Singh vs Central Coalfields Ltd. & Ors on 8 December, 2009 WRIT PETITION (SERVICE) NO. 2340 OF 2002 [In the matter of an Application under Article 226 of the Constitution of India] ….. 1. Bhagwat Singh …… ….. …… …… ….. Petitioner Versus 1. Central Coal Field Limited 2. Personnel Manager, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,18],"tags":[],"class_list":["post-200941","post","type-post","status-publish","format-standard","hentry","category-high-court","category-jharkhand-high-court"],"yoast_head":"\nBhagwat Singh vs Central Coalfields Ltd. & Ors on 8 December, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/bhagwat-singh-vs-central-coalfields-ltd-ors-on-8-december-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Bhagwat Singh vs Central Coalfields Ltd. & Ors on 8 December, 2009 - 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