ORDER : Heard learned counsel for the parties. 2. Petitioner's grievance is in relation to correction of his date of birth in the service records which is entered as 24th July, 1955 at the time of his entry in service on 26th July, 1978 as Piece Rated Worker in Swang Colliery pursuant to voluntary retirement of his father-in-law, Late Jeyarath Hussain (Annexure2 is the appointment letter). Petitioner admittedly had not passed the matriculation exam by then and as per his own assertion he obtained qualification of matriculation in 3rd Division vide Certificate dated 29th July, 1980 issued by Bihar School Examination Board, Patna, showing his date of birth as 6th October, 1958, Annexure-6. He is stated to have passed Matriculation Exam from Rajendra High School, Jarangdih. Petitioner was assessed by Medical Board at the time of appointment for his age as 23 years as on 24.7.1978, that is why in his service records, the date of birth 24th July, 1955 was entered. Petitioner was granted promotion on the basis of matriculation qualification obtained by him vide Annexure8 dated 1st August 1981 to the post of Clerk-Grade-III after he brought it to the notice of the respondent Personnel Manager, Swang Colliery that he passed Matriculation Exam in 1980 vide Annexure - 7 representation dated 25th November, 1980. On account of his added qualification petitioner got another promotion sometime in 2003 vide office order dated 31st March, 2003 as Clerk Grade-II and also vide Annexure11 on 13th June, 2012 as Senior Clerk Grade-B (Spl.) 3. These are the basis of the petitioner's claim for correction of his date of birth as the respondents have accepted his Matriculation Certificate showing his date of birth as 6th October, 1958. This is being substantiated by a document at Annexure1 which is Transfer Certificate issued by Hazaribagh Mines Board, Hazaribagh, which indicates that he had entered into the school on 6th January, 1964 and he left the school on 31st December, 1970 when he was studying in Class-VII. The date of issuance of Transfer Certificate is 31st January, 1971. In the said transfer certificate also date of birth is shown as 6th October, 1958. 4. The date of issuance of Transfer Certificate is 31st January, 1971. In the said transfer certificate also date of birth is shown as 6th October, 1958. 4. Counsel for petitioner submits that the petitioner had produced the Middle Pass Certificate before Medical Board, in original, issued by Bihar School Examination Board and believed that it would be relied upon by the respondents by making proper entry in the service record relating to his date of birth. He has also referred to the service records prepared in 1987, Annexure - 9 where also against the date of birth entry on the one hand, it is shown as “24th July, 1955” but entry as 6th October, 1958 is also shown beside that. He also refers to the objection made on his behalf at the time said entries were made indicating his date of birth as 6th October, 1958. This document is shown to have been signed on 2nd June, 1987. 5. The respondents have a counter stand in respect of the above document through their affidavit stating that entries relied upon y the petitioner in his own hand writing are of a different pen and may be introduced later on. 6. In the background of these facts petitioner's claim for correction of his date of birth through representation at Annexure - 14 dated 7th February, 2013 has been rejected by the respondents vide impugned communication dated 16th/19th July, 2014 issued by Sr. Manager (Personnel), Sawang Colliery. The reasons for rejection are that: - (i) He was not Matriculate at the time of his appointment in 1978 and did not take permission to appear in the said exam in 1980. The date of birth entry relied upon by him in the Admit-card cannot be taken into account for consideration; (ii) He did not produce any documentary evidence at the time of processing of appointment and assessment of his age showing date of birth as 6th October, 1958; (iii) Petitioner has also accepted the date of birth entry as 24th July, 1955 in the official records by putting his signature. (iv) Lastly the issue has been raised after 35 years of his employment. 7. This has been challenged by petitioner in the present writ application apart from the notice of retirement dated 19th/20th February, 2015, Annexure-17 sought to be challenged in I. A. No. 1774 of 2015. 8. (iv) Lastly the issue has been raised after 35 years of his employment. 7. This has been challenged by petitioner in the present writ application apart from the notice of retirement dated 19th/20th February, 2015, Annexure-17 sought to be challenged in I. A. No. 1774 of 2015. 8. Both parties have relied upon the Implementation Instruction no. 76 which contains the procedure for determination/verification of age of employees. Para-A is in relation to determination of age at the time of appointment and Para-B is Review Determination of date of birth in respect of existing employees. 9. Counsel for respondents has also referred to documents enclosed to the counter affidavit such as Menials Certificate Register, Annexure-A prepared at the time of entry in service, Medical Examination Notice prepared on 24th July, 1978 by Medical Board, Form-B Register of employees, Form-P.S-3 containing the particulars of the petitioner's family as also Annexure-F, the service excerpts prepared on 24th March, 1987 apart from L.T.C bill filled up by him dated 14th January, 2015, in which his date of birth is 24th July, 1955. It is also the respondent's case that such claim for correction of date of birth is belated at the fag end of service and not based upon the documents which were available at the time of entry in service i.e. any Matriculation or Middle Pass Certificate. 10. These material facts which have been taken note of from the pleadings on record and the submissions of the parties, are to be tested on the touchstone of the relevant Implementation Instruction no. 76 laying down the procedure for determination/verification of age of employees to come to the considered decision whether the claim of the petitioner for correction of his date of birth can be allowed at this stage. Few conspicuous facts which come out from the factual outline noticed hereinabove are that petitioner has enclosed School Leaving Certificate, Annexure - 1 issued from Hazaribagh Mines Board, Hazaribagh on 31st January, 1971, which shows his date of birth is 6th October, 1958. Petitioner's matriculation certificate, of course, obtained after his employment on 29th July, 1980 shows his date of birth as 6th October, 1958. Petitioner's matriculation certificate, of course, obtained after his employment on 29th July, 1980 shows his date of birth as 6th October, 1958. This matriculation certificate is the basis for granting promotion to petitioner to the post of Clerk Grade-III which require minimum educational qualification of matric pass admittedly and for the next higher promotion to Grade-II and Senior Clerk Grade-B (Spl.) vide Annexures-10 and 11 respectively dated 21st March, 2003 and 13th June, 2012. 11. It is also to be taken note of that acquisition of higher qualification during the course of employment is not a disqualification though the respondents seem to have taken objection that it was obtained without taking permission. Implementation Instruction no. 76 under Para-B provides for review determination of date of birth in respect of existing employees, which is quoted hereunder:- “(B) Review determination of date of birth in respect of existing employees. i) a) In the case of the existing employees Matriculation Certificate or Higher Secondary Certificate issued by the recognised Universities or Board or Middle Pass Certificate issued by the Board of Education and/or Department of Public Instruction and admit cards issued by the aforesaid Bodies should be treated as correct provided they were issued by the said Universities/Boards/Institutions prior to the date of employment. i) b) Similarly, Mining Sirdarship, Winding Engine or similar other statutory certificates where the Manager had to certify the date of birth will be treated as authentic. Provided that where both documents mentioned in (i) (a) and (i) (b) above are available, the date of birth recorded in (i) (a) will be treated as authentic. ii) Wherever there is no variation in records, such cases will not be reopened unless there is a very glaring and apparent wrong entry brought to the notice of the Management. The Management after being satisfied on the merits of the case will take appropriate action for correction through Determination Committee/Medical Board.” 12. As it appears, certificate of Matriculation or Higher Secondary or Middle Pass or admit cards issued by the respective Bodies/Universities/Boards or Institutions should be treated as correct provided that they were issued prior to the date of employment. The Management after being satisfied on the merits of the case will take appropriate action for correction through Determination Committee/Medical Board.” 12. As it appears, certificate of Matriculation or Higher Secondary or Middle Pass or admit cards issued by the respective Bodies/Universities/Boards or Institutions should be treated as correct provided that they were issued prior to the date of employment. Petitioner's case is that he had produced the Middle Pass Certificate at the time of entry in service which has not been take into account and has relied upon the School Leaving Certificate/Transfer Certificate issued from Hazaribagh Mines Board, Annexure-1 dated 31st January, 1971 which shows his date of birth as 6th October, 1958. 13. The petitioner by relying upon his Transfer Certificate, Annexure1 made a claim that the same date of birth is entered into matriculation certificate also i. e. 6th October, 1958. This is a fact which could be inquired into by the competent authority. The Middle Pass Certificate, if it is issued prior to the date of employment, entry made therein relating to date of birth should be treated as correct as per the guidelines provided under Para-B of Implementation Instruction no. 76 laying down procedure for determination/verification of age of employees. It further appears that petitioner had made an objection at the time of preparation of Service Excerpt in 1987 that the date f birth of the petitioner has not been correctly recorded as 6th October, 1958 in the service records in stead made as 24th July, 1955. Respondents also have taken into account the matriculation certificate for the purpose of grant of higher promotion. If the petitioner sought for correction of his date of birth by a representation made two years before his retirement, in the wake of the aforesaid background facts, the respondents could have made diligent inquiry whether his claim is justified on the basis of records which can be verified from the sources from which he had been obtained. The Middle Pass Certificate which the petitioner claims to have produced is one of the documents, which the petitioner is also required to produce before competent authority apart from Transfer Certificate. 14. The Middle Pass Certificate which the petitioner claims to have produced is one of the documents, which the petitioner is also required to produce before competent authority apart from Transfer Certificate. 14. In the wake of the aforesaid observations, therefore, it seems that the respondents authorities of Central Coal Fields Ltd. are required to undertake an exercise in the matter of determination of his age in view of such provisions contained in Implementation Instruction no. 76 as noted hereinabove. Implementation Instruction no. 76 under Para B (ii) also provides that if there is no variation in records, such cases will not be reopened but if there is a very glaring and apparent wrong entry brought to the notice of the Management, the Management after being satisfied on the merits of the case will take appropriate action for correction through Determination Committee/Medical Board. The facts and the documents which are being relied upon by the petitioner are something which can be duly verified from the concerned sources i.e. School Board from which the petitioner claims to have passed the Middle Exam and the certificates issued by the said Hazaribag Mines Board. 15. In such circumstances, let determination be made on the petitioner's claim for correction of his date of birth by the competent authority under the respondents. The petitioner should approach the respondent no. 3, Director (Personnel), M/s. Central Coalfields Limited, Darbhanga House, Ranchi for the aforesaid purpose. It would be open to the respondent no. 3 to either get the inquiry conducted at his own level or through any other competent authority. The inquiry be completed expeditiously within a period of 8 weeks from the date of receipt/production of a copy of this order. Till then the notice of retirement dated 19th/20th February, 2015, Annexure-17 issued by Project Officer, Swang Colliery, respondent no 4 in respect of petitioner be not given effect to. The impugned order dated 16/19th July, 2014 at Annexure16, therefore, is quashed to enable the respondent to undertake fresh exercise as directed hereinabove. 16. Accordingly, the writ petition is allowed in the manner indicated hereinabove. Consequently, I.A. No.1774 of 2015 stands disposed of.