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High Court Of ChhattisgarhWPS/6288/2016disposed off

Smt. Jeth Kunwar v. Chairman-Cum-Managing Director

2016-12-08Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6288 of 2016 Smt. Jeth Kunwar W/o Late Shri Chandan Singh, Aged About 52 Years R/o B. L. P.- 03/3345, South Eastern Coalfield Limited, Kusmunda Area, District Korba (Chhattisgarh) ---- Petitioner

Versus

1. Chairman-Cum-Managing Director South Eastern Coalfields Limited, South Eastern Coalfields Limited Bhawan, Seepat Road Bilaspur, District Bilaspur (Chhattisgarh)

2. General Manager, South Eastern Coalfields Limited, Bilaspur South Eastern Coalfields Limited Bhawan, Seepat Road Bilaspur, District Bilaspur (Chhattisgarh)

3. General Manager, Kusmunda Area, South Eastern Coalfields Limited, Kusmunda Colliery, District Korba (Chhattisgarh)

4. Regional Commercial Manager, Kusmunda Area, South Eastern Coalfields Limited, Kusmunda Colliery, District Korba (Chhattisgarh) ---- Respondents For Petitioners : Shri S.K. Dewangan, Advocate.

For Respondents : Shri A.C. Sahu, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08/12/2016 Heard.

(1) Learned counsel appearing for the petitioner would submit that that the petitioner's date of birth has wrongly been mentioned in the service book; and she has been issued Notice (Anneuxre P-1) for superannuating her on 31.03.2017; and she is illiterate lady and, therefore, Implementation Instruction No. 76, clause (B) is not applicable in case of the petitioner and, therefore, her matter may be referred to the Age Determination Committee for determination of her age.

(2) Since, petitioner states that she is illiterate and procedure prescribed in Implementation Instruction No.76 (B) is not applicable to her and second part would be applicable and petitioner's date of birth has to be determined by the Age Determination Committee, therefore, the matter is referred to the Age Determination Committee, who shall consider & decide the case of the petitioner within a period of three months from the date of receipt of copy of this order. (3) With the aforesaid observations, the writ petition stands disposed of.

Sd/- (Sanjay K. Agrawal) Judge D/-