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Madhya Pradesh High Court · body

2009 DIGILAW 646 (MP)

Keshav Ram v. South Eastern Coalfields Ltd.

2009-05-14

A.M.NAIK

body2009
ORDER 1. Heard finally with the consent of the learned counsel for the parties. 2. Petitioner is an employee of South Eastern Coalfields Ltd. He was initially appointed on 19.6.1990 as Piece Rated Loader. Thereafter, he was appointed as Time Rated Loader in the year 1993. His case is that although correct date of birth is 10.1.1057, the same has been wrongly recorded with the employer as of the year 1949. Petitioner had passed the examination of 8th class as revealed in the certificate Annexure P-2 wherein the date of birth of the petitioner has been mentioned as 10.1.1957. As per the instructions contained in Annexure P-5, an employee who is non-matriculate, the date of birth recorded in the school leaving certificate shall be treated as correct date of birth and the same will not be altered under any circumstances. The school leaving certificate is on record as Annexure P-6 wherein the date of birth of the petitioner is recorded as 10.1.1957. This instruction being binding on the respondents, the petitioner has a right to seek rectification in accordance with the certificate. 3. This being so, the petition is disposed of with a direction that the petitioner may make a representation with supporting documents and certified copy of this order within three days from today. On such representation having been filed, the respondent No.1 shall decide the same within a further period of two weeks.