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Madhya Pradesh High Court · body

2011 DIGILAW 1140 (MP)

Chief Managing Director v. Safi Ulla

2011-09-28

K.K.LAHOTI, VIMLA JAIN

body2011
JUDGMENT This appeal is directed against the order dated 27.10.2010 passed in Writ Petition No. 315/2010, by which the learned Single Judge found that the date of birth of respondent is 16.7.1957 and the order superannuating the respondent treating his date of birth as 16.7.1951 was quashed. Though the learned counsel for appellants submitted that in Annexure P-1 of the writ petition there is some correction in the year of date of birth, but from the perusal of record, we find that the respondent's date of birth was continuously recorded as 16.7.1957. The learned Single Judge found that in various documents the date of birth of respondent is mentioned as 16.7.1957. The respondent commenced his services on 6.11.1982 and if this date is taken into consideration he was 25 years at the time of commencement of employment. Apart from this, from the perusal of page 12 of the paper book, we find that the age of wife of respondent has been shown as 22 years in the year 1983. This fact also shows that the respondent must be near about 25 years old at the relevant time. Apart from this, there is overwhelming evidence in the matter, which has been referred by the learned Single Judge showing the date of birth of respondent as 16.7.1957. In view of aforesaid, if the learned Single Judge directed that the date of birth of respondent is 16.7.1957 and continued him in service treating the aforesaid date as correct, no fault is found. This appeal is found without merit and is dismissed. At this stage, Shri Nair, learned counsel for appellants submitted that the appellants be allowed some time for compliance of the aforesaid order. The Chief Managing Director Safi Ulla Western Coalfields Ltd & others. The prayer appears to be reasonable and accordingly, while dismissing this appeal, we allow thirty days time to the appellants to comply with the order. No order as to costs.