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Calcutta High Court

Ram Samujh Yadav vs Coal India Limited & Ors on 5 May, 2010

Author: Pranab Kumar Chattopadhyay

Bench: Pranab Kumar Chattopadhyay

                        APO No. 334 of 2009 with
                          WP No. 215 of 2006
                   IN THE HIGH COURT AT CALCUTTA

                        Civil Appellate Jurisdiction

                               ORIGINAL SIDE


                                           RAM SAMUJH YADAV

                                                  Versus

                                     COAL INDIA LIMITED & ORS.


  BEFORE:

  The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY

  The Hon'ble JUSTICE MD. ABDUL GHANI

  Date : 5th May, 2010.


                The    Court    :   Learned       Advocate        representing     the

appellant/petitioner   submits      that    the    date      of     birth    of    the

appellant/petitioner was wrongly recorded in the service records by the

respondent   Company.     Learned    Advocate      further    submits       that   the

competent officer of the Personnel Department verified the certificate issued by the Madhyamik Siksha Parisad, U.P. wherein the date of birth of the petitioner has been correctly recorded. Learned Advocate for the petitioner further submits that the respondent Authorities cannot rely on any other document ignoring the certificate issued by the Madhyamik 2 Siksha Parisad, U.P for the purpose of verifying the date of birth of the petitioner.

Mr. Majumder, learned Counsel representing the respondent Coal Company submits that an opportunity should be given to the respondent Coal Company to ascertain whether the certificate issued by the Madhyamik Siksha Parisad, U.P is genuine.

Considering the aforesaid submissions, hearing of this matter stands adjourned till 16th June, 2010 in order to grant an opportunity to the competent Authority of the respondent Coal Company to verify the genuineness of the certificate issued in favour of the appellant/petitioner by the Madhyamik Siksha Parisad, U.P. in respect of High School Examination.

All parties concerned are to act on a xeroxed signed copy of this order on the usual undertakings.

(PRANAB KUMAR CHATTOPADHYAY, J.) (MD. ABDUL GHANI, J.) TR/