Telangana High Court
Jetti Lachaiah vs The Director Pa And W on 7 March, 2025
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.8613 OF 2024
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:
"...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the Respondents in not considering his representations dated 28.03.2022 and 03.07.2023 and issuing the impugned proceedings Ref. No.SCES/SEC/2023/655 dated 10.06.2023 and Ref. No.SCES/SEC/2023 /1299 dated 03.11.2023 and consequential proceedings Ref. No.SCES /SEC/2023/1423 dated 06.12.2023 stipulating that on attaining the age of 61 years on 10.12.2024 he has to retire on Superannuation from the services of Singareni Collieries Educational Society in the afternoon of 31.12.2024 as illegal, arbitrary and contrary to law and consequently to issue directions to the respondents to accept the Date of Birth as brought out and maintained by the respondents in the S.C. High School Civil List, CMPF Records and Service Register and consequently continue the petitioner in service till he attains his age of 61 years on 08.06.2032 and thereby retire on attaining superannuation on 30.06.2032 and to pass..."
2. Heard Sri K.Thirumala Rao, learned counsel for the petitioner and Sri P.Sridhar, learned counsel representing Sri P.Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries, for the respondents. Perused the record.
3. Learned counsel for the petitioner submits that the petitioner was initially appointed as Contingent (C.F.E.) on 01.10.1993 in respondent-Society. Further, in the Civil List 2 PK,J Wp_8613_2024 maintained by S.C.High School, Sector-III, 8 Incline Colony, Godavarikhani, which is a school maintained, administered and financed by the respondent-Society, the petitioner's date of birth is mentioned as 08.06.1971, therefore, his date of retirement would be 30.06.2032. However, the respondents issued impugned notice, dated 06.12.2023, stipulating that on attaining the age of 61 years on 10.12.2024, the petitioner has to retire from the services on the afternoon of 31.12.2024.
(ii) Learned counsel further submits that in the Coal Mines Provident Fund (for short 'CMPF') Statutory Forms, the petitioner's date of birth has been certified as 08.06.1971. Hence, this date of birth corroborates with the date of birth mentioned in the Civil List. With regard to the authenticity of date of birth, the entry made in CMPF records is deemed to be final. Further, in the records maintained by the respondents also, the date of birth of the petitioner is mentioned as 08.06.1971, therefore, the petitioner shall retire from services on 30.06.2032. Hence, the petitioner is entitled to be continued in service till 30.06.2032.
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(iii) It is further submitted that the petitioner has made representations to the respondents on 29.11.2019, 21.09.2020, and 28.03.2022 requesting for correction of his date of birth in service records. However, the respondents vide impugned proceedings, dated 10.06.2023 and 03.11.2023, have rejected the petitioner's request for change of date of birth stating that as per TS Educational Service Rules, SSC certificate is only valid proof for change of date of birth. It is further submitted that not allowing the petitioner to continue in service until 30.06.2032 is in contradiction to the official records maintained by the respondents, which clearly specifies the petitioner's retirement date as 30.06.2032. The respondents misunderstood that the petitioner was raising dispute with regard to the age at the fag end of his services, which itself is self-contradictory. Moreover, the respondents failed to furnish any record substantiating that the petitioner's date of birth is 10.12.1963. Contrary to the same, as per the records available with them clearly establishes that the petitioner's date of birth is 08.06.1971 and that he will retire on 30.06.2032. The entry in 4 PK,J Wp_8613_2024 CMPF records is correct and in the instant case, in the CMPF records, the petitioner's date of birth is mentioned as 08.06.1971. Hence, the petitioner shall continue in service until 30.06.2032.
(iv) It is further submitted that The Joint Bipartite Committee for Coal Industries (JBCCI) passed Implementation Instructions No.76 to resolve the disputes with regard to the age. As per Clause C of the said instructions, Age Determination Committee/medical Board for the existing employees will be constituted by the Management. In the case of employees whose date of birth cannot be determined in accordance with the procedure mentioned in Clauses (B) (i) (a) or (B) (i) (b), the date of birth entered in the records of the company, namely, Form 'B' register, CMP Records and Identity Cards (untampered) would be treated as final. In the CMPF Statutory Forms, the petitioner's date of birth is certified as 08.06.1971. Therefore, learned counsel prays this Court to direct the respondents to continue the petitioner in service until 30.06.2032 and to retire him on 30.06.2032 on attaining the 5 PK,J Wp_8613_2024 age of superannuation. To support his contentions, learned counsel for the petitioner relied upon the judgment of Division Bench of this Court in W.A.No.1145 of 2023, dated 09.01.2024.
4. Per contra, learned counsel appearing for the respondents submitted that the petitioner worked as Contingent Worker w.e.f. 01.06.2013 in one of the five Telugu medium schools, run by the respondent-Society and in view of the poor strength of the students for the academic year 2013-14, the said schools were closed and the contingent workers, who were working in the said schools, were absorbed on the rolls of Singareni Collieries Educational Society. Further, the work of contingent worker is of temporary in nature and they are engaged depending on the work requirement due to which they are accordingly designated as 'contingent' workers as per State Government.
(ii) In the year 2001, the contingent workers (including the petitioner) filed W.P.No.24454 of 2001 before this Court praying to regularize their services as employees of Singareni Collieries Educational Society and this Court disposed of the 6 PK,J Wp_8613_2024 said Writ Petition vide order, dated 26.12.2017 directing the respondents to regularize their service. As such, they were absorbed into the rolls of Singareni Collieries Educational Society and posted to work in various schools w.e.f. 01.01.2018. Prior to their regularization, as a part of the Rules, they were advised to undergo medical test and to submit their proof of age/date of birth. Accordingly, the petitioner submitted ration card. The Medical Officer has taken into consideration the ration card produced by the petitioner as proof of his age/date of birth and recorded his age/date of birth as 10.12.1963 in Form-O. As the petitioner did not submit any documentary proof regarding his age/date of birth at the time of initial appointment as a Class-IV employee on 01.01.2018, the age of the petitioner was assessed by the then Medical Officer as 10.12.1963 in the Form-O of Initial Medical Examination and was recorded in the statutory documents such as EPR and SAP, which cannot be tampered and are treated as authentic records of the school. Further, if an employee produces SSC certificate at the time of his medical examination, the same date of birth as 7 PK,J Wp_8613_2024 recorded in SSC certificate would have been entered in Form-O during the initial medical examination by the Medical Officer. In the absence of SSC certificate, DOB recorded by the Medical in the Initial Medical Examination is treated as final.
(iii) Further, as per the Rules of respondent-Society, once the age/date of birth of the employee is entered in the service records, it will be authentic and final. Hence, the date of birth of the petitioner recorded in the initial medical examination form by the Medical Officer holds good. It is further submitted that as per records, the petitioner is about to retire on 31.12.2024 and that the petitioner has raised the issue at the fag end of service with malafide intention. Further, the Form-A, Form PS-3 and Form PS-4 are filled personally by the employees and are submitted to the CMPF authorities. Since the said forms are self declared, those are not statutory documents and the date of birth reflected in the aforementioned forms should not be considered as a basis for making modifications to the statutory records such as Form-O (IME) and EPR, which are duly signed by him. The age of the 8 PK,J Wp_8613_2024 petitioner is recorded and signed in Form-O without raising any objection at that time and basing on the same, his age was recorded in statutory records. As per the said records, the petitioner is about to retire on 31.12.2024. Therefore, the respondents are justified in issuing impugned notice to the petitioner. Hence, learned counsel prays this Court to dismiss the Writ Petition.
5. This Court has taken note of the submissions made by learned counsel for the respective parties.
6. On perusal of the record, it is evident that the petitioner, who was working as contingent worker in respondent-Society, along with others, preferred W.P.No.24454 of 2001 before this Court praying to regularize their services as employees of Singareni Collieries Educational Society and this Court disposed of the said Writ Petition vide order, dated 26.12.2017 directing the respondents therein to regularize their service. Accordingly, the petitioner's services were regularized in respondent-Society. Further, according to the petitioner, his age/date of birth was recorded as 08.06.1971 in CMPF records. According to the 9 PK,J Wp_8613_2024 respondents, at the time of joining in service, the petitioner submitted ration card and duly taking into consideration the same, the Medical Officer recorded his age/date of birth as 10.12.1963 in Form-O. Basing on the same, in all the records of respondent-Society, the petitioner's date of birth/age was recorded as 10.12.1963. Here, it is pertinent to note that the J.B.C.C.I. has laid down the procedure for determination/verification of the age of employee vide annexure- I, implementation instruction No.76, which reads as follows:
B) Review/determination of date of birth in respect of existing employee:
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 10 PK,J Wp_8613_2024 Management after being satisfied on the merits of the case will take appropriate action for correction through Determination Committee/Medical Board.
(C) Age Determination Committee/Medical Board for the above will be constituted by the Management. In the case of employees whose date of birth cannot be determined in accordance with the procedure mentioned in (B) (i) (a) or (B)
(i) (b) above, the date of birth recorded in the records of the company, namely, Form B register, CMPF Records and Identity Cards (untampered) will be treated as final.
Provided that where there is a variation in the age recorded in the records mentioned above, the matter will be referred to the Age Determination Committee/Medical Board constituted by the Management for determination of age.
7. From the close reading of the above Rule, it is very clear that if there is variation in the age recorded in the company records i.e., Form-B register, CMPF records and identity card (untampered), the matter will be referred to the Age Determination Committee/Medical Board constituted by the management for determination of age. It is the contention of the petitioner that his date of birth was recorded as 08.06.1971 in the civil list, CMPF records, Form PS-3, and Form PS-4, and the respondents averred that the said forms are self declared and that they are not statutory documents. Further, the date of birth of the petitioner was recorded in Form-O, EPR and service book as 10.12.1963. Therefore, this Court is of the considered 11 PK,J Wp_8613_2024 opinion that it is appropriate to refer the case of the petitioner to the Age Determination Committee/Medical Board for verification of age of the petitioner.
8. Accordingly, this Writ Petition is disposed of directing the respondents to refer the case of the petitioner to the Age Determination Committee/Medical Board as per implementation instruction No.76. Since the petitioner was retired from services on 31.12.2024, during the pendency of the Writ Petition, the respondents shall take appropriate steps in accordance with the report submitted by the Age Determination Committee/Medical Board.
Miscellaneous petitions, if any, in this Writ Petition, shall stands closed. There shall be no order as to costs.
____________________ PULLA KARTHIK, J Date : 07.03.2025.
TMK