Bindi Posham S/O Shivaiah v. The Singareni Collieries Company Limited

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.38378 OF 2015 ORDER:

The petitioner herein joined service in the 1st respondent company as Worker Trainee on 08-03-1978 and later he was appointed as Badli Coal Filler on regular basis. At the time of entry into service, the date of birth of the petitioner was recorded as 23-01-1958. The petitioner claims that he studied up to VI class in Government School, Ginnedhari and his date of birth in the Transfer certificate was recorded as 31-10-1959. However, the petitioner was subjected to medical examination by the respondent company and the doctor determined his age as 20 years and his date of birth as 23-01-1958. Therefore, he seeks a direction to the respondents to rectify his age in the service records, as per his transfer certificate.

2. When the matter is taken up, learned counsel for the petitioner and the learned standing counsel for the respondents have stated that the petitioner can be referred to Apex Medical Board for examination of his age according to the directions issued by this Court in W.P.No.33343 of 2012 and batch, dated 31-03-2015.

3. Having regard to the submission made, the writ petition is disposed of without expressing any opinion on merits, directing the respondent company to subject the petitioner for medical examination in accordance with the directions issued by this Court in W.P.No.33343 of 2012 and batch, dated 31-03-2015, and take appropriate further course of action regarding the date of birth entered in the service record and the date of retirement of the petitioner. The exercise of subjecting the petitioner to medical examination and the consequential decision shall be taken within a period of eight (8) weeks from the date of receipt of a copy of this order. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ____________________

P.NAVEEN RAO, J DATED: 08-12-2015 Hsd