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2025 DAILYLAW 6308 (JHR)

AMARJEET KUMAR YADAV v. BHARAT COKING COAL LIMITED, THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR, DHANBAD

WPC/2765/2025 · 2025-07-09

Deepak Roshan

body2025

Judgment text

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2025:JHHC:18648 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2765 of 2025 -- Amarjeet Kumar Yadav, Aged 40 Yrs, S/o Ramanand Yadav, r/o New Colony, Baniahir, No-10, PO-Bhaga, P.S- Jharia, Dhanbad ....Petitioner -Versus- 1. Bharat Coking Coal Limited, P.O.-Dhanbad, P.S.- Saraidhela through its Chairman-cum-Managing Director, Dhanbad. 2. The Director, (Personnel), P.O.-Dhanbad, P.S.- Saraidhela, Bharat Coking Coal Limited, Dhanbad 3. The Chief Manager, BCCL Personnel, Lodna Area, P.O- Bhowra, P.S-Gora Pokhar, Dhanbad 4. The General Manager, BCCL, Eastern Jharia, P.O.- Jharia, P.S.-Pokhar, Area-11, Dhanbad 5. The Personnel Manager, MP&R, BCCL, Koyla Bhavan, P.O.-Dhanbad, P.S-Saraidhela, Dhanbad 6. The Chief Personnel Manager, Eastern Jharia Area, BCCL, Bhowra, P.O.-Bhowra, P.S-Jorapokhar, Dhanbad. 7. The Area Personnel Manager, Bharat Coking Coal Limited, Eastern Jharia, P.O.-Bhowra, P.S-Jorapokhar, Area-11, Dhanbad. 8. The Project Officer, Bharat Coking Coal Limited, Bhawra, South Colliery, P.O.-Bhowra, P.S-JoraPokhar, Eastern Jharia Area, Dhanbad 9. The Project Officer, Lodna Coal Plant P.O.-Dhanbad, P.S.-Saraidhela Lodna, BCCL, Lodna, Dhanbad ...Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioner(s) : M/s. Amlan Palit, Durga Narayan, Advocates For the Respondents : M/s. Amit Kumar Das, Arpan Mishra, Advocates - 02/09.07.2025 Heard learned counsel for the parties. 2. The writ petition has been preferred by the Petitioner for the following reliefs: i) For a direction upon the respondent authority to consider the application/representation submitted by the petitioner for his age determination as per his matriculation certificate (Annexure-4), in accordance with the Implementation Instruction No. 76 under National Coal Wage Agreement-III (Anexure-16) and correct it in his service record as per the age depicted in his matriculation certificate. i) For a further direction upon the Respondents to consider the candidature of the petitioner for promotion which was due and not granted to the 2025:JHHC:18648 2 petitioner in view of the discrepancy in his date of birth. 3. Ld. Counsel for the petitioner submits that the Petitioner was appointed as Category-I Employee under BCCL in 2006. At the time of appointment, he had submitted his Matriculation Certificate, but due to some reason or the other his correct date of birth has not been recorded in the service excerpt and other important official record. Therefore, he approached the Respondent way back in the year 2008, but till date the correction has not been made. Learned counsel further draws attention of this Court towards several documents including the Degree issued by Bihar Sanskrit Shiksha Board, Patna, which transpires that he completed Matric Board in the year 2004 itself i.e., prior to the date of appointment. He further draws attention of this Court towards Annexures: 5 & 9 and submits that the Respondents have also taken clarification from Bihar Sanskrit Shiksha Board, Patna, with regard to veracity of the certificate which has been duly informed to them that the Petitioner has duly passed 10th from the said Board. Relying upon the aforesaid contention, learned counsel prays that a direction may be issued to the concerned Respondent to correct the date of birth of the Petitioner. 4. Learned counsel for the Respondents submits that since no counter affidavit has been filed; a direction may be issued to verify the entire records and if there is any discrepancy, which prima facie appears, shall be rectified. 5. Having regard to the aforesaid submission and also going through the prayer made in this writ application, coupled with the documents referred to hereinabove, the 2025:JHHC:18648 3 instant writ application is, hereby, disposed of by directing the 2nd Respondent to look into the matter and pass an order after proper verification of the record and applicable Rules and Regulation and if the claim of the petitioner is found to be genuine, necessary correction be made within a period of 12 weeks from the date of receipt of a copy of this order. It goes without saying that after correction of petitioner’s date of birth, necessary consequential benefits be also extended to the Petitioner, in accordance with law and applicable Rules and Regulation. 6. Accordingly, this writ application stands disposed of. (Deepak Roshan, J.) jk