Ramdayal v. S.E.C.L. And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4604 of 2008 Ramdayal S/o Phulwa aged about 53 years, Working as Surface/Tramar, at West Jhagrakhand Colliery, Jhagrakhand, District Korea, Chhattisgarh. ---- Petitioner

Versus

1. South Eastern Coalfields Ltd. Sipat Road, Bilaspur, Chhattisgarh Through its Director, Personnel.

2. The Director (Personnel) South Eastern Coalfields Limited, Sipat Road, Bilaspur, Chhattisgarh.

3. Manager, West Jhagrakhand Colliery, Jhagrakhand District Korea, Chhattisgarh. ---- Respondents For Petitioner :

None.

For Respondents/SECL :

Shri H.B.Agrawal,Senior Advocate with Shri Ravindra Agrawal, Advocate.

Hon'ble Shri Navin Sinha, Chief Justice Order on Board 31/08/2015 1.

No one appears on behalf of the Petitioner.

2.

In this writ application, the Petitioner seeks to challenge the order dated 22.7.2008 declining to correct his date of birth in accordance with which he would superannuate on 30.6.2008. The writ itself was filed days prior to scheduled date of superannuation on 11.8.2008. 3.

Learned Senior Counsel for the Respondents-SECL submits that the Petitioner was appointed on 18.12.1976. He raised the issue with regard to his date of birth soon before superannuation in a highly belated manner in the year 2008. Date of birth recorded in statutory Form-B register has a statutory force for which he relies on an order in Writ Appeal No. 399 of 2014 which in turn places reliance on (2005) 11 SCC 477 (State of Uttaranchal v. Pitamber Dutt Semwal).

4.

Considering the settled judicial view that belated claims for correction of date of birth are not to be entertained at the fag end of the service career and the finality to entries in the statutory Form-B register as noticed in Writ Appeal No. 399 of 2014 (supra) relying on Pitambar Dutt Semwal (supra), this Court is not persuaded to entertain this writ application. 5.

The writ application is dismissed.

Sd/- (Navin Sinha) CHIEF JUSTICE Subbu