gg$§a€ QQQRT QF QHHATT5C§A A1§§LA$§$U§§ {HQn ML Justice §3ritinkar L3£w&ker) WEE» ‘ Na£§8 of 2mm @wwmmr Amar Singh VERSUS Rs%gmndem$$' 5? ’ :asw Q .5: Sub Area Manager and efhem 3m {33f}! Mukhcpa:€hyay, comma fsr‘t‘hé peiiticma‘r. Shri Hi3 Agrawai, Sr. Advccaie with Ms. $areena Khan, caumsa for the regpondents. QRDER gtgim‘agai‘a; Ev %hi$ pemien: the pei‘étioner 3ae$<s cos'reci'ien m” hi$ da%e {if birth in ihe sen/icerrecord ch the basis af mg Higher Secondary Schog! Cemficate, 1965 vi Traga C&rtificate and mar? Annemres P-é & P-3 respeciiveh; 2; The undisputed facts in nutsheii aré that iha appointed as Tramee Electrician and the reievant paying Omar dated. 31.05.1967 is Annexure P-4i ‘5 givir‘sg de Annexure P4, Naficna; < $heet is$ued in Ayrit, 1536? v€de petitinner wa$ m Ehe year 1.988, the reSpQndents prepared service excerpt Annexure P detais of the empioyees such as nama, farher’3 riame, germanent addreas, marital status, date of birth, (iaie of appcintment, education qualificaticn etc. According t0 the getitiener, ag in the 5ervice excerpt, his date 0f birth wa$ ’éjgrrectiy shown as 12.09.1945; he: accepteci ine same and. did net furnieh any decument ineiuding the? er mairieu ierien mark sheet. 3. Further ceee of the petitiener ie that aheut his date of birth in ihe year 2002 ihreugh hie eeiery siiri as (311311944, he immediaieiy ubmitted hie repreeentaiien vide with documents inciuding that 0f metrieuieiion certificate ehewing his correct date of birth after ceming te know Anhexure £16, on 28.12.2002 aiong $RH az$ 12 €§§ 1€=4€5 5%: retirems‘nt notice W33: served i0 the net§iion on m $82903 vide Annexure P—‘i’ m%ni§0néng the fact that after attaining the age of augerannuatien, he wowd retire on 31.12.2003, he again submitted a representatmn Annaxure P-8 an 19.09.2fJQ-3 along with other dccuments requesting authoritiee that axe his ceri’ect date Gf birth ie 12.09.1945 he wowd be eniétmd to continue in the job til! 30,092005 Further contention of the pe%itioner is that his matricumion certificate was duty verified 'by the respondente and vide cemmunicatien detect t6.t2.2003, Board, of Secondary Education, Madhye Fradeeh, Bhopat (hereinafter referred to a5 the “Board”) informed the reepondente through a Setter dated t6.12.2003 Annexure P49 that the petitioner had passed his metricuietion examination in the year 1&36‘5 and in the document so issued hie date of birth nee been ehown ae 12.69.1945. 4. According to the petitioner it ie not in diepute that the Said document wee received by the reeponttente before the date of his retirement. From the record, it ie' apparent that on 24.12.2003 ie. juet seven days, prior to hie retirement, the petitioner wee eeked to appear before the Age Determination Committee aiong with aii the teetimonieie on 26.12.2903 vide Annexure P40. 5. Contention of teamed counsel for the petitioner ie that ae org? \26122003, nothing wee done by the Age Determination Com-rhittee. the petitioner was egein asked to appear before the eeid Committee on 27.12.2003. On 27.12.20G3, on the baeie or redioiogioei teet oi the petitioner. hie age has been determined hetween 55 and 60 years and beeed on that, the petitioner was retired on 31 .1220G3. Further oontention of the oetitioner ie that ‘ as he wee not eiiowec! to join his duties etter 31.12.3303 vide ‘ Annexure P-ti, which ie a copy of letter, he fiied the present i petition before thie Court on 07.01 .2004. r c/w ’13. Laamed oeume! for the petitioner submitg ma? the 1 matriculation certificate is the authentic dgcument far determining the age cf the empicyee and undicputediy, the petitiener herein had passed his matricuiaticn examination in the year 1965 which has been verified by the respondents from the Beard vide ccmmunicatien dated 16.12.2003 (Annexure‘P-Q) ie the effect that the date ef birth of the petitioner i5 12.09.1945. He further submits that the petitioner has else obtained Netionat Trade Certificate from the Ministry cf Lebeur and Empioyment prier to his date 0f appointment under the respondents in which eiee, the date of birth of the petitioner hae been mentiened as 12.09.1945 and that being so, under no ciroumetances, hie date of birth can be treated as Q1.01.1944 as has been done by the respondents. it has been further argued that as per lmpiementation instruction No7.6 Le. procedure for determination/verification of age of empioyeee of the $.E.C.L Annexure 9-12, which is applicable to all the empioyees working in the Coai industry, the ease of the petitioner was not required to be referred to the Age Determination Committee because as per Ciause—B(i)(a), his date of birth should have been determined on the basis of his matriculation certificate and no radiological test etc was required as the petitioner had acquired the matricuiation certificate prior to his entry in service. "7. Replying to the arguments of learned counsel for the “petitioner, it has been argued by Shri Agrawal that in Form-B Annexures R-i and R42. the date of birth of the petitioner has been shown as 01.01.1944 and therefore, the petitioner was rightly retired on 31.12.2003 after attaining age or superannuation. He further submits that at the fag end of service, the date of birth of the petitioner cannot be corrected and the petitioner shouid have been vigilant white giving his date of birth to the respondents at the earlier point of time. mww: N 3. Repiying in thegse argumenig ef Shri Agmvag, it has been argued by Shri Mukhopadhyay that Annexures R4 anai R—2 were not prepared at the time of entry of ‘ihe petitiener in Service but B-Forms were made subsequentiy Le. on transfer fmm MS angina! place of posting. He submits that decumem Annexua'es R~1 & R-2 bear neither the signature nor thumb impression and therefore, based on the eeid document 0f the petitiener, it cannet be said that th date of birth of the petitioner is 01 .01 .1 944. 9. Havig heard learned oouneei for the partiee! perused the pieadge and the documente appended thereto as also the origei ecord, produced before this Court, it becomes evident th the petitioner entered in service on 15.G?.196? end prior to that he had passed his matriculation in the year 1965 and in the eaid certifite his date of birth has been mntioned a3 12(391945. The respondents have neither fiied the original Form—B nor have roduced any entry of the petitioner in hie service at Bankimongra. The entire record iiied by the respondents pertains to Dipka, Gevra and Kuemunda areas whereas it appears tha the petitioner started his Service from Banki coiiiery and thereafter he was transferred to different pieces iike Dipka, Gevra and Kuemunda. 10. it is not diepued by the reepondente that the petitioner had p his matriouiation the year 1985, vicie Annexure i prior to his eny i eew‘e r ct th tte otiti had ped moion por to n ser was o veed by he respondente trom the Board cte nnexere P-Q dated 16.12.2003 and it has been confirmed y the Board that ' the petitioner has passed his matriculation in the year 1985 and his date of hirth has been shown in the certificate as 1209.1 Q45. assed in P i e tr n r Moreove the fa at ecner aee his atrirati ri his entrv i vice eis rifi t vr A ‘1 1. Clausea (i)(a) of the instruction No.76 reads as toliowsa e n in in r at ca e p t t b ”In fhe case cf exi$fmg empmye§$ Matricuiaticn Certificate or Higher Secondary Ceiilficate issued by the recagnizgd Universities er Board or Midwa- Pass Cerfificate issued by the Board of Educatian and/or Department of Pubfic lnstructian and admit cards issued by the afsresaid Badies shoumf he freafed as correcf prow‘ded they were issued by the said Universities/Baards/Iestii'utiens pn'ar m the date 0f employment. 12. Once the petitioner has passed hie matriculation prior te e hie emplcyment, in an fairnees, the respondents should have treated his date of birth as 12.09.1945 as per Clause—B (i) (a) of lnetruc‘tions No.76. ”:3. i find sufficient force in the arguments; ef Shri Muknepadhyay that the case of the petitioner wee net required t0 be referred t0 the Age Determination Cémmittee becauee of the fulfillment and compiiance of Clause—B (0(a) of Instruction No.76 by the petitioner. Ciause—C of instruction No.76 reads as under:— “Age Determination Committee/Medieai Board for the above Wiil be constituted by the Management. In the case of emptoyees whose date of birth cannot be determined in accordance with the procedure mentioned in’iB) (I) (a) or (B) if!) (b) above, the date of birth recorded in the records of the company namely Form VB register, CMPF records and Identity Cards (untampered) wtii be treated as final. Proved that where is a variation, in the age recorded in the records mentioned above, the matter wit! be referred to the Age Determination Committee/Medical t§oard consfimwd by the Management far deierminafian of Age. " 14, Frcm Clause B & (3 it is apparent that the case a? the patitiener was not required to be referred to the Age Determination Committee becauee the petitioner had submitted the coneiustve evidence in respect of hie date of birth by submitting the matricutation certificate which wee duly verified by the reepondents. Further, the respondente have not preduced the originai Form—i3 in reiation t0 the service 0f the petitioner becauee admittedly he entered in the emptoyment at Benki ceiitery whereae, Annexures R—i and R-2 retate t0 Gevra and Deepike. Furthermore, Annexuree R-t e R-2 do not bear signature or thumb impression of the petitioner. Therefore, the argument of the petitioner that these documents were pregnered subsequentiy after the transfer of the petitioner to {Sevres and Deepika areas appears to be justified. 15. tn View of what has been discussed hereinebove, the petition is aiiowed end the retirement notice dated Oi £82033 (Annexure P-Y) and 26.12.2003 (Annexure P-ti) are quashed. The respondents are directed to correct the eervice record of the petitioner treating his date of birth es 12.09.1945. Aooordingiy, the petitioner Witt be entitled to eii the ooneequentiei benefits tiii the date of hisretirement and he is also entitled to receive ooet eot iitigation amounting to Rs.10,000/— from the r Priya pr Judge esoondente. i ' sdi— l itinker Diwake‘ \l E f l ¥ ‘ ‘