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2025 DAILYLAW 35333 (JHR)

DHANESHWAR RAMANI v. EASTERN COALFIELD LIMITED THROUGH THE CHIEF GENERAL MANAGER

WPC/5732/2019 · 2025-11-25

Deepak Roshan

body2025

Judgment text

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2025:JHHC:35112 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 5732 of 2019 --------- Dhaneshwar Ramani, about 51 years, Son of Shri Mangru Ramani, Resident of Village Dahua, near School, P.O. Kusumghati, P.S Boarijor, District- Godda, State Jharkhand, PIN Code-814147. ....Petitioner Versus 1. Eastern Coalfield Limited through the General Manager (I/C), Rajmahal Group of Mines Area, Office Dhankundda, P.O. Bara Semra and P.S. Rajmahal, District Godda, Jharkhand. 2. The Manager, Eastern Coalfield Rajmahal Area, P.O. and P.S. Rajmahal, District Godda, Jharkhand. ....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mrs. J. Mazumdar, Advocate For the Respondents : Mr. Rajesh Lala, Advocate --------- 32/Dated:-25.11.2025 1. The instant application was initially preferred by the petitioner for the following reliefs: “(i) For directing the concerned respondents to make necessary correction in the service record of the petitioner with respect to his date of birth as wrong date of birth has been inserted in the service records as 12.11.1963 though the correct date of birth of the petitioner is 14.01.1968. (ii) For quashing the notice of superannuation issued by the respondent authorities on 25.11.2022 as contained in Annexure-9 whereby it was informed that the petitioner would superannuate on 30.11.2023 by treating the date of birth of the Petitioner as 12.11.1963. (iii) Further direction be given to the concerned respondents to correct the date of birth of the Petitioner in the service records as 14.01.1968 instead of 12.11.1963 and allow the petitioner to work till he attains the age of superannuation by construing his date of birth as 14.01.1968.” 2. The said writ application was allowed by holding as under: “18. Having regard to the aforesaid discussions, the impugned letter dated 25.11.2022 (Annexure-9), whereby it was informed that Petitioner would superannuate on 30.11.2023 by treating his date of birth as 12.11.1963, is quashed and set aside and the Respondent Company is directed to make necessary correction in the service record of the Petitioner with respect to his date of birth, inasmuch as, this Court holds that the same has been wrongly inserted in the service records as 12.11.1963 instead of correct date of birth of the Petitioner as 14.01.1968. 19. However, even after calculating the date of birth as 2025:JHHC:35112 2 14.01.1968; the Petitioner would have retired till date; as such, there can be no direction to the Respondents to reinstate him in service. As such, interest of justice would be sufficed by directing the Respondents to pay a compensation to this Petitioner. Accordingly, the Respondents are directed to pay a compensation of Rs.10,00,000/- (Ten Lakh) only to the Petitioner within a period of 12 weeks from the date of receipt/production of copy of this order. 20. Accordingly, the instant writ application stands allowed. Pending IAs, if any, also stands closed.” 3. Thereafter, a Review Application being C. Rev. No.107 of 2025 was filed on the ground that due to inadvertence, it was observed that till the date of the order passed in the writ application, the petitioner must have retired. The relevant part of the Writ Court order has already been extracted hereinabove. 4. The said Review Application was allowed by order dated 08.10.2025 by holding as under: “11. After going through Para-19, it is clear that the date of birth of the Petitioner is mentioned as 14.01.1968 and there is categorical observation of this Court that the petitioner would have retired till now. This Court feels that this is an apparent error on record because in the State of Jharkhand or in Central Government or State Government or in any Public Sector Undertaking, the age of retirement is either 58 or 60 and nowhere it is 56; accordingly the order dated 11.06.2025 passed in W.P.(S) No. 5732 of 2019 requires to be reviewed. 12. Since, Ld. Counsel contended that the nature of order will change after review. 13. Having regard to the aforesaid discussions, the instant Review Application is allowed. Since, there will be change in nature of direction; accordingly, Writ Petition being W.P.(S) No. 5732 of 2019 is restored to its original position. List it under the heading for Final Disposal on 14.11.2025.” 5. Since the case was decided on merits and the observation in Paragraph-19 of the order that the petitioner must have retired was error apparent on record and therefore, the writ petition was restored. 6. Accordingly, Para-19 of the order requires to be modified and accordingly the original Para-19 will now be read as under: 2025:JHHC:35112 3 “19. Accordingly, since the impugned letter/notice of superannuation issued by the respondent authorities on 25.11.2022 whereby it was informed that the petitioner would superannuate on 30.11.2023 by treating the date of birth of the petitioner as 12.11.1963 is quashed and set aside; as such, the petitioner is directed to be reinstated in service after calculating the date of birth of the petitioner as 14.01.1968. Though, the petitioner would not get any back wages for the period from the date of termination till the date of joining; however, his service shall be treated in continuity for all consequential benefits.” 7. Let this order be read as part and parcel of the original order dated 11.06.2025 passed in the instant writ petition. (Deepak Roshan, J.) November 25, 2025 vikas/- uploaded 02/12/2025