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2025 DAILYLAW 10841 (JHR)

RAM KRISHNA KUMAR v. CHAIRMAN-CUM-MANAGING DIRECTOR, M/S B.C.C.L.

WPC/2130/2025 · 2025-07-30

Deepak Roshan

body2025

Judgment text

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2025:JHHC:21120 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2130 of 2025 --------- Ram Krishna Kumar, aged about 57 years, son of Dukhan Dusadh, resident of Hanuman Mandir, Jairampur Colliery, Suranga, P.O. and P.S. Tisra, District Dhanbad (Jharkhand) ......Petitioner Versus 1. Chairman-Cum-Managing Direction, M/S B.C.C.L. Koyla Bhawan, Koyla Nagar, Dhanbad, P.O., P.S. and District Dhanbad. 2. Director (Personnel) M/S B.C.C.L. Koyla Bhawan, Koyla Nagar, Dhanbad, P.O., P.S. and District Dhanbad. 3. General Manager (Personnel & OS), M/S B.C.C.L. Koyla Bhawan, Koyla Nagar, Dhanbad, P.O., P.S. and District Dhanbad. 4. General Manager, Lodna Area No.10, M/S B.C.C.L. Koyla Bhawan, Koyla Nagar, Dhanbad, P.O., P.S. and District Dhanbad. 5. Project Officer, BCCL Aml. NT. S.T. JG. OCP, Jinagora, P.O. and P.S. Jinagora, District Dhanbad. .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Sanjay Kumar Pandey, Anurag Kumar, Advs. For the Respondents : Mr. Amit Kumar Sinha, Advocate --------- 03/Dated:-30.07.2025 1. Heard learned counsels for the parties. 2. The instant writ application has been preferred by the petitioner praying for correcting the date of birth of the petitioner as per matriculation certification i.e., 08.11.1968 in place of 31.05.1965 which is wrongly been mentioned in the service book. 3. Learned counsel for the petitioner submits that he was unaware to the fact that in all official records of the respondents his date of birth has wrongly been mentioned. As a matter of fact, his correct date of birth was 08.11.1968, but due to the fault of the respondents his date of birth has been recorded as 31.05.1965 and as a result of which he has been forced to retire prematurely. 2025:JHHC:21120 2 4. Learned counsel for the respondents draws attention of this Court towards several official documents including Form-B, which is “Statutory Form” which are kept with the employer and also Form-A which are kept with Coal Mines Provident Fund Organization (CMPFO) for the purpose of paying pension to the concerned employee. In both these Forms, the date of birth of the petitioner has been mentioned as 31.05.1965. It has been further contended by the respondents that had the matriculation certificate would have been submitted before the respondents, there would not have been any occasion for sending the case of the petitioner for age assessment before the Medical Board. 5. Having heard learned counsels for the parties and after going through the documents available on record, first of all, the claim for correcting the date of birth was first raised by the petitioner in the year 2015; though he was appointed under the respondents in the year 1987. Further, in the Form-B register which is a ‘Statutory Registers’, the date of birth of the petitioner has been indicated as 31.05.1965. It further transpires that there is another Form-A, which are kept with Coal Mines Provident Fund Organization (CMPFO) for the purpose of identity of a concerned employee with an object to pay Coal Mines Provident Fund and also the pension. In the said Form-A also, the date of birth of the petitioner has been indicated as 31.05.1965. Interestingly, the claim of the petitioner is that he was 2025:JHHC:21120 3 matriculate; a certificate to that effect is also annexed. Moreover, petitioner has signed all these Forms i.e., Form-A, Form-B and other service records also and has never disputed the date of birth as indicated in the appointment letter which is the First document and for the first time, he has raised the dispute with regard to date of birth in 2015. 6. Having regard to the aforesaid facts and the settled proposition in this regard, no relief can be granted to this petitioner and the instant writ application is dismissed. 7. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) vikas/-