Abdul Nawab vs South Eastern Coalfields Ltd.And Ors on 2 August, 2021
5. Mr. Azad Siddiqui, learned counsel appearing for the petitioner, would
submit that the petitioner's date of birth was wrongly recorded in the
service record as 8-9-1952, he made application for correction of his
date of birth on 3-6-1988 that has wrongly been rejected by Annexure
P-5 dated 27-9-1988 which is absolutely illegal and bad in law as by
certificate dated 2-10-1999 (part of Annexure P-6), the Head Master of
Govt. Primary School, Gelhapani, Distt. Surguja has certified that the
petitioner's date of birth entered in the school register is 15-4-1961.
The petitioner has also filed affidavit that has not been considered and
he has been made to retire on 30-9-2012 on his attaining the age of
superannuation on 7-9-2012 holding that his date of birth is 8-9-1952.
Therefore, the impugned order is liable to be set aside and the
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petitioner's date of birth be corrected as 15-4-1961 and he be granted
all consequential benefits. Mr. Azad Siddiqui, learned counsel, relied
upon the decisions of the Supreme Court in the matters of Brij Mohan
Singh v. Priya Brat Narain Sinha and others 1 and Mohd. Yunus Khan
v. U.P. Power Corporation Limited and others 2 and also the decision
of this Court in the matter of Sayyad Yasin v. South Eastern Coalfields
Limited and others3 to buttress his submission.