Research › Search › Judgment

Madhya Pradesh High Court · body

2014 DIGILAW 761 (MP)

Mohd. Rahees Khan v. South Eastern Coal Fields Ltd.

2014-07-07

ALOK VERMA, RAJENDRA MENON

body2014
ORDER 1. This is an appeal filed by the appellant under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005. 2. Appellant wants correction of his date of birth. As per the office record, his date of birth is 1.7.1956, whereas, it is stated by learned counsel for the appellant that his date of birth is 3.4.1962 and, therefore, the same be corrected as 3.4.1962. 3. The question with regard to date of birth of the appellant is a disputed question of fact. The learned writ Court after taking note of the entries made in the service records of the appellant i.e. the Service Book, Payment book and Form-B and various other documents, found that the date of birth of the appellant is shown as 1.7.1956 and he has affixed his thumb impression and signature. 4. Considering all these aspects of the matter, the learned writ Court refused to correct the date of birth, particularly on the ground that the date of birth of the appellant is shown as 1.7.1956 Mohd. Rahees Khan v. South Eastern Coal Fields Ltd. and another for a period of more than 27 years and after a period of 27 years, the same cannot be corrected. 5. The finding recorded by the learned writ Court is a finding of fact based on due approval of the documents available on record and we see no reason to interfere into the matter. 6. Accordingly, the writ appeal is dismissed.