HIGH COURT OF CHHATTISGARH AT BILASPUR Coram Hon’ble Shrl Dhlrendra Mishra3'& Hon’ble Shri'RN. Chandrakar, JJ Writ Appeal No.91 of 201 1 pipellant ’ ' Mam Shankar Sahu l S/o ate Shn A L etitianer ' P Rangiai Sahu aged about 56 years Occupation General Mazdoor Category-III (SLU) R/o Charcha ‘Comery, Subhash Nagar Qtr No 133 TahSI! Balkunthpur District Konya (CG) Vs. A. South Eastern Coalfields Limited, Through: Chairman-cum-Managing Director, Seepat Road, Basant Vihar, Bilaspur(CG) ‘ ' 2. The General Manager, S.E.C.L. r Charcha Wést‘ Colliery (R.O. I Balkunthpur Area District Koriye '(CG) 3. The Sub Area Manager (R.O.) Charcha CoHIery, S E.C.L., Baikunthpur District Konya (CG) 4'. The Personnel Manager (R.O.) _ Charcha Comery, S.E.L.” , Baikunthpur District Konya (CG) Respondents Present Shn Ashok Kumar Shukla counsel for the apellant p JUDGMENT 10.03.2011 ‘iAppellant’S' writ petition for direction to respondent authorities to correct the date of birth of the appellant In th ’ servrce record and to permit the appellant to continue in serVIce till the actual date of his superannuation has been reiected by learned Single Judge by the impugned order 2. ;Shri Ashok Kumar Shukla, learned cOunse‘l‘ Tor the appellant submits that he Was initially appointed on the post of Loader on 01 091981 The date of birth has been wrongly recorded in the serVice book as 01 05 1951 whereas his actual date of birth is 01 07 1954 as would be eVIdent from the second 4 ) C. ORAL() e copy’ 9f the School Iransfer Certificate is ued by the Primary SCHOOL Talwapara‘. However, the appellant was issued notic-f retirement on 04.12201 0. (Annexure P/4) wherein, it was stated that he shalt be retiring on 3O O4 2011 oh attaining the age o years The appellant made a representation to the respondn _ authorities on 2211 2010 (Annexure P/5) along With Schol ‘ Transfer Certificate However the respondent authorities hav not corrected the date of birth Learned 'Single Judge has dismissed the writ petition oy on the ground that the appellant approached the authorities fo correction of the date of birth only at the fag end of his sere career when the notice of superannuation was issued to him ln the serwce record also it is mentioned that the appellant is a ciass 5‘“ candidate and therefore they ought to have record his date of bitth only on the basrs of school leaVIng certifica However the respondents have wrongly recorded his date of birth in the serwce book as 01 05 1951 and Since the said ent was never communicated to him and he learnt about the sam when notice was issued to him the appellant’s Writ petition cannot not be dismissed solely on the ground that he applied for correction of date of birth at the fag end of his servrce career 3. jLearned Single Judge considering that the representation for correction of date of birth was made by the appellant at the fag end of his service career whereas, he was appointed in the ' Organization way back on 1g September, 1981 and that the appellant has not given any documentary evidence in support of his case except hissecond copy of school leaving certificate, which was issued recently i e‘ on 18 11 2010 and did not file any other educational testimonies to buttress his claim declined to ‘ grant any relief at this stage ‘4; EWe arevin entire agreement :withthe finding of learned SingleJudge that the application for correction of date-of birth in eo f 60 et o e nl r vrc ed te ry e the ‘service record on the verge of rtirement cannot be entertained that too on the basis of second copy of school leaving certificate obtained recently. e 5. i We find no. substance in this writ appeal, which is ‘ accdfdingly dismissed. - ise i ‘ ' ; d/- , i Sd/- V i BANGANATH CHANDRAKAR Dhirendra Mishra ‘ Judge i Priya Judge '7 ¥ ’ i i i