Rajasthan High Court - Jaipur
Shankar Lal vs Hindustan Copper Ltd &Ors; on 8 December, 2016
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B.SPECIAL APPEAL WRIT NO. 1501 / 2011
Shankar Lal S/o Late Shri Laxman Ram, aged about 60 years,
R/o Sankhala Cloth Store, Near Sahara Company, Village
Ghothada, Khetri, District Jhunjhunu (Rajasthan)
----APPELLANT/APPELLANT
Versus
1. Hindustan Copper Limited, through its Chairman cum
Managing Director, Tamra Bhawan, 1, Ashutosh Choudhary
Avenue, Kolkata- 700 019.
2. The Director (Personnel), Hindustan Copper Limited,
Tamra Bhawan, 1, Ashutosh Choudhary Avenue, Kolkata-700
019.
3. The General Manager, Hindustan Copper Limited, Khetri
Cooper Complex, Khetri Nagar, District Jhunjhunu (Rajasthan).
----RESPONDENTS
__________________________________________ For Appellant : Shri Arshabh Sharma on behalf of Shri Praveen Balwada alongwith Shri Ajeet S.Kulhar.
For Respondents : Shri Abhay Kumar Bhandari, Sr. Advocate with Ms. Ambika Bohra.
__________________________________________ HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VIJAY KUMAR VYAS Order 08/12/2016 (1) The present appeal arises from order dated 24.11.2008 dismissing Civil Writ Petition No.13195/2008 declining to interfere with the decision of the Respondents that the date of birth of the Appellant was 21.09.1945.
(2 of 3 ) [SAW-1501/2011] (2) Learned Counsel for the Appellant submits that his date of birth was wrongly recorded as 21.09.1945 instead of 21.09.1949. The Appellant having completed the qualifying period of service applied for VRS in 2002. At that point of time he learnt that his date of birth had wrongly been recorded. He was therefore entitled to have his four year period of service left added for reckoning his terminal benefits under the Scheme.
(3). Counsel for the Respondents opposing the appeal submitted that the age of the Appellant at the time of appointment in 1971 was mentioned as 26 in the statutory Form 'B' register under the Mines Act, 1952. His service book was opened in 1975 mentioning the same date of birth. Any correction in the service book was required to be applied for within 5 years. The entire claim has been raised only after the financial benefits of the VRS had been accepted by the Appellant. He represented only thereafter when at his request the matter was referred to a Medical Board which confirmed his age as recorded earlier.
(4). We have considered the submissions on behalf of the parties.
(5). There shall be a presumption of correctness with regard to entries regarding date of birth made as far back as 1971 in the statutory Form 'B' register under the Mines Act. If the Appellant seeks to challenge entries in a statutory register duly signed by him also, the onus lies on him to prove how it (3 of 3 ) [SAW-1501/2011] was wrongly made. Obviously the age mentioned was not a figment of imagination by the Respondent evident from the order of appointment which states that it was based on his own statement.
(6) The service book of the Appellant was opened in the year 1975. There was no challenge to entry in the same also. According to the DPE guidelines any request for correction in the date of birth in the service book was required to be made within 5 years. If there was a prescription of time limit, the question of raising any controversy much after that period and acceptance of VRS 2002 simply does not arise. (7) The Appellant accepted the benefits of the VRS and then raised the dispute. The Respondents in all fairness referred his case to a Medical Board which again opined in confirmation of the entries made in the Form 'B' register and the service book. The contention of the Appellant with regard to his date of birth being 21.09.1947 becomes a disputed question of fact which cannot be inquired in the writ jurisdiction quite apart from the fact of it having been raised very belatedly. (8) We therefore find no justification to interfere with the order under appeal.
(9) The appeal is dismissed. (VIJAY KUMAR VYAS)J. (NAVIN SINHA)C.J. N.Gandhi/16