1 WPS No. 445 of 2016 2025:CGHC:10395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 445 of 2016  Smt. Brijeta Toppo W/o Shri Gregori Toppo, aged about 58 years, R/o Ward No.3, South Jhagrakhand Collery Harra Dafai, New Ledri, District Korea, Chhattisgarh. ... Petitioner versus 1. South Eastern Coalfields Limited through the Chief Managing Director, Basant Vihar, Seepat Road, Sarkanda, Bilaspur District Bilaspur, Chhattisgarh. 2. The General Manager, South Eastern Coalfields Limited, Hasdev SECL Area, District Korea, Chhattisgarh. 3. The Senior Manager, (APM), Hasdev, District Korea, Chhattisgarh. 4. Deputy General Manager (Personnel) SECL Hasdev Area Korea, District Korea, Chhattisgarh. ... Respondents For Petitioner :- Mr. Abdul Moen Khan, Advocate,on behalf of Mr. Abdul Wahab Khan, Advocate. For Respondents :- Mr. Vinod Kumar Deshmukh, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 03/03/2025 1. The petitioner herein has called in question the legality, validity and correctness of order dated 14.01.2016 by which respondent-SECL had informed the petitioner that she is going ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.03.05 17:19:47 +0530 2 WPS No. 445 of 2016 to be retired from services on attaining the age of 60 w.e.f. 30.06.2016. 2. Mr. Abdul Moen Khan, learned counsel for the petitioner would submit that the date of birth of the petitioner has wrongly been considered by the respondent-SECL as 18.06.1956 as, as per Higher Secondary School Certificate (Annexure P/4) her actual date of birth is 18.06.1957, which is a valid document and on the basis of the said document, date of the birth of the petitioner is required to be corrected in her service record. He would also submit that as per Higher Secondary School Certificate (Annexure P/4) the correct date of retirement of the petitioner is 30.06.2017 and, therefore, the petitioenr is entitled for all the notional benefits of one year. Thus, the present writ petition deserves to be allowed and the impugned order dated 14.01.2016 deserves to be dismissed. 3. Mr. Vinod Kumar Deshmukh, learned counsel for the respondent-SECL, would submit that in the Implementation Instruction No.76 (Annexure P/6) procedure for verification of date of birth of the existing employee is given at Para B(i)(a) 3 WPS No. 445 of 2016 and as per Para B(i)(a) the documents must be issued by the University/Board/Institutions prior to the date of employment and the petitioner was employed on 05.10.1979 and Annexure P/4 (Higher Secondary School Certificate Exam, 1982) was issued in the year 1982, therefore, it may not be accepted as valid document for considering her date of birth, as such, the instant writ petition deserves to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records with utmost circumspection. 5. At this stage, it would be appropriate to notice the provisions contained in Para (B) of Implementation Instruction No.76 provides for Review/determination of date of birth in respect of existing employees. Para (B) (i) (a) of the said Instruction reads as follows: - “i) (a) In the case of the existing employees Matriculation Certificate or Higher Secondary Certificate issued by the recognised Universities or Board or Middle Pass Certificate issued by the Board of Education and/or Department of Public Instruction and admit cards issued by the aforesaid Bodies should be treated as correct provided they were 4 WPS No. 445 of 2016 issued by the said Universities / Boards / Institutions prior to the date of employment.” 6. A careful and critical reading of Para (B)(i)(a) of Implementation Instruction No.76 would show that in case of existing employees, following documents issued prior to the date of employment shall be treated as correct: - 1. Matriculation certificate. 2. Higher Secondary Certificate issued by the recognized University or Board. 3. Middle Pass Certificate issued by the Board of Education and/or Department of Public Instruction. 4. Admit cards issued by the aforesaid Bodies. Thus, four kinds of documents are deemed to be correct if they are available and they must have been issued by the said University, Board or Institution prior to the date of employment. 7. Coming to the facts of the present case, though the matriculation document/Higher Secondary School Certificate (Annexure P/6) is covered by the Implementation Instruction No.76, but the said certificate was issued by the Board after the petitioner had entered into service as the petitioner had 5 WPS No. 445 of 2016 joined her services on 05.10.1979 and the certificate (Annexure P/6) was issued in the year 1982, therefore, the document (Annexure P/6) cannot be said to be covered under Para B(i)(a) of Implementation Instruction No.76 and also the date of birth of the petitioner as 18.06.1957 cannot be accepted. In that view of the matter, I do not find any merit in the instant writ petition, it deserves to be and is accordingly, dismissed. Sd/- Sd/- (Sanjay K. Agrawal) Judge Ankit