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2026 DAILYLAW 24914 (JHR)

BAIJNATH PASWAN v. THE DIRECTOR(PERSONNEL) BHARAT COKING COAL LIMITED, DHANBAD

WPC/6037/2026 · 2026-08-29

Deepak Roshan

body2026

Judgment text

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( 2026:JHHC:26346 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(S). No. 6037 of 2026 ---- Baijnath Paswan, aged about-55 years, S/o Ram Lakhan Paswan, Resident of Parasbaniya, P.O+P.S. Madhuban, District Dhanbad .......Petitioner(s) Versus 1. The Director (Personnel), Bharat Coking Coal Limited, Dhanbad, having its office at Koyla Bhawan, P.O. & P.S. Koyla Nagar, District Dhanbad. 2. The General Manager, Bharat Coking Coal Limited, Dhanbad having its office at Sijua, P.O. & P.S.- Sijua, District Dhanbad. 3. The Project Officer, Bharat Coking Coal Limited (B.C.C.L), AKWM, Colliery Katras Area, P.O Sijua, P.S. Katras, District Dhanbad .....Respondent(s) --- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --- For the Petitioners : Mr. Rohit Kr. Gupta, Advocate For the Respondents : Mr. Kumar Harsh, Advocate --- 02/ Dated: 29.08.2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner(s) praying therein for the following reliefs: i) For issuance of an appropriate writ(s), order(s) or direction(s), particularly in the nature of Certiorari for quashing the impugned notice vide memo no-2026/2053 dated 17.01.26 (Annexure-07) issued by the respondent whereby and whereunder the petitioner was informed that he shall attain the age of superannuation on 12.01.2027 and consequently retire from service w.e.f 31.07.2027, the same being illegal, arbitrary, without application of mind and based upon an erroneous entry of the petitioner's date of birth in the service records. ii) For issuance of an appropriate writ(s), order(s) or direction(s), particularly in the nature of Mandamus, to direct the respondents to correct the petitioner DOB in the entire service book/record from 12.01.1967 to 10.08.1971 on the basis of the contemporaneous and duly verified documents available in the official record namely the verification roll form, Compassionate Appointment form, Nomination form and other connected documents. iii) Issue an appropriate writ, order or direction directing the respondents to consider and dispose of the petitioner's representation dated 06.04.2026 by passing a reasoned and speaking order within a time-frame to be fixed by this Hon'ble Court. 3. Learned counsel for the petitioner submits that since the petitioner is fully entitled for the prayer made in the instant writ application; as such, he ( 2026:JHHC:26346 ) submits that this case may be disposed of by giving liberty to the petitioner to file fresh representation before the concerned respondent for redressal of his grievance. 4. Learned counsel for the respondents fairly submits that since no counter affidavit has been filed; as such the petitioner(s) may approach the 3rd respondent for redressal of his grievance. 5. Having regard to the aforesaid submissions and looking to the prayer made in the instant writ application, the same is hereby disposed of by directing the petitioner to approach the 3rd respondent by filing a fresh representation along with all relevant documents. The moment the 3rd respondent receives the representation of petitioner then he will verify the record of the case and pass an appropriate order in accordance with law and applicable rules and regulations within a period of 8 weeks from the date of receipt of such representation. 6. It goes without saying that if the decision is taken in favour of the petitioner, necessary consequential order be passed within a further period of 2 weeks. 7. It also goes without saying that while passing the fresh order pursuant to the fresh representation the concerned respondent shall not be prejudiced by the impugned order and shall pass the order strictly in accordance with applicable rules and regulations. (Deepak Roshan, J.) 29.08.2026 Abha/-