Jamuna Harizan @ Jamuna Ahirwar v. Central Coal Field Limited
2009-11-16
SUSHIL HARKAULI
body2009
DigiLaw.ai
Judgment I have heard the learned counsel for the petitioner. According to the petitioner’s case, he was appointed in service on 19.12.1977 and his date of birth recorded in the register Form-B was 03.05.1955. This contention of the petitioner is supported by Annexure-7 of the writ petition. The petitioner, by this writ petition, challenges the office order dated 5/25-1-2006 enclosed as Annexure-9 to this writ petition by which the respondents have declared that the petitioner will retire on 31.12.2006 according to his date of birth which is mentioned as 01.01.1947 in the said Annexure-9. Counter affidavit has been filed and the counter affidavit says things which are irrelevant to the controversy, namely that pursuant to the transfer some imposter joined in place of the original employee. Annexure-9 which is under challenge, challenges only the alteration of the date of birth from 03.05.1955 as recorded in the register Form-B, to 01.10.1947. The counter affidavit does not give any cogent reply as to under what circumstances, during the continuance of service, the date of birth originally recorded in the register Form-B got changed. If an imposter is working in place of original employee, action may be, or could have been taken on that ground. But working of an imposter or the joining of an imposter pursuant to the transfer order would not permit alteration of the date of birth of the original employee recorded in register Form-B, without any basis. In the circumstances, the writ petition is allowed. Annexure-9 to the writ petition is quashed so far it relates to the petitioner i.e. Jamuna Harijan @ Jamuna Ahirwar mentioned at Serial No.61 of the said office order dated 5/25-01-2006.