Bindeshwari Mahto vs Eastern Coalfields Limited

Mr. Prashant Kumar, J.—This application has been filed for a direction commanding the respondents to correct the date of birth of petitioner.

It is submitted that at the time of opening of service book, the respondents have not entered the date of birth of the petitioner in the service book and later on they get the age of petitioner assessed by Apex Medical Board. It is submitted that the Apex Medical Board had assessed the age of the petitioner in between 40-45 years, but the respondents have arbitrarily fixed the age of the petitioner 42� years. It is submitted that since the respondents had committed the mistake, therefore, it should be presumed that the petitioner''s age is only 40 years. It is further submitted that the date of birth of petitioner''s elder brother namely Ram Narayan Mahto is 12.05.1956. Thus, the assessment of age of petitioner made by the respondents is incorrect. It is submitted that in that situation the petitioner will become elder to his elder brother. Accordingly, it is submitted that the respondents be directed to correct the age of the petitioner.

It appears that the Apex Medical Board has assessed the age of the petitioner in the year 1997. It is admitted by the petitioner that the said assessment was unsuccessfully challenged by him. It further appears that the respondents had fixed the age of the petitioner as 42� years, which is in between 40-45 years on average basis, therefore, the aforesaid decision of the respondents is not unreasonable.

So far the contention of learned counsel for the petitioner that the respondents have committed mistake by not inserting the date of birth of petitioner in the service book, it appears from Annexure-1/1 that the form was filled up by the petitioner himself, because he signed on that format. It is not clear that Ram Narayan Mahto is the elder brother of petitioner. For that purpose, petitioner has relied upon a family chart (Annexure-4), which is not an authentic document, it required to be proved by cogent evidence. Under the said circumstance, for the second contention, petitioner, if so desire, may file a suit for declaration that Ram Narayan Mahto is his elder brother.

In view of the discussions made above, I find no merit in this writ application. Accordingly, the same is dismissed.