Dismissed

The Singareni Collieries Company Limited, v. B. Venkateswarlu

Telangana HC11 Jun 2009WA/1621/2008

Case brief

AI extract

What is this about?

Writ appeal by Singareni Collieries Company against order directing it to consider a driver's SSC exam certificates for age determination. Court held non-production at entry is not a bar to acceptance; company can verify genuineness.

What did the court decide?

Writ appeal dismissed; company at liberty to verify certificates; if genuine, must treat as basis for date of birth.

The Singareni Collieries Company Limited, Vs B… — Service and Employment | Telangana HC (2009)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND NINE

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PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI &

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THE HON'BLE SRI JUSTICE SANJAY KUMAR

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WRIT APPEAL NO : 1621 of 2008

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(Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19/06/2008 in WP NO : 12642 OF 2008 on the file of the High Court.)

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Between:

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1 The Singareni Collieries Company Limited, Rep. by The Chairman - Cum-Managing Director, Singareni Bhavan, Red Hills, Hyderabad. 2 The General Manager, The Singareni Collieries Company Limited, Regd. Office, Kothagudem, Khammam District. 3 The General Manager (Personnel), The Singareni Collieries Company Limited, Regd. Office, Kothagudem, Khammam District.

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APPELLANT(S)

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AND

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B. Venkateswarlu, S/o. Krishna Murthy, Singareni Collieries Company Limited, R/o. Qr.No. F-2, MD-14 Block, Rudrampur, Kothagudem Mandal, Khammam District.

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.....RESPONDENT

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Counsel for the Appellants: SRI NANDIGAM KRISHNA RAO

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Counsel for the Respondent: SRI A.NAGENDRA RAO

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The Court made the following :

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THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR

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WRIT APPEAL NO : 1621 of 2008

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JUDGMENT: (Per Hon’ble Sri Justice Sanjay Kumar)

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The Singareni Collieries Company Limited, the respondent in the writ petition, challenges the order dated 19.6.2008 passed in writ petition No.12642 of 2008 whereby it was directed to treat the certificate filed by the writ petitioner/respondent in the appeal, in relation to his appearance in SSC Examination as the basis for determination of his date of birth.

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Sri N. Krishna Rao, learned Standing Counsel appearing for the appellant-company argued that the respondent-driver had not produced the certificates relating to his appearance in the SSC examination at the time of his entry into service and therefore, the same cannot be taken as the basis for determination of his age. We have perused the records and heard Sri A. Nagendra Rao, learned Counsel appearing for the respondent-writ petitioner.

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The certificates relied upon by the respondent-driver would show that he studied from 6^th to 10^th class during the years 19.6.1973 to 5.7.1978 in ZPSS Gowthampur, Kothagudem, Khammam District. He is in a position to produce the study and conduct certificate as well as the transfer certificate issued by the said school. The respondent also filed the memorandum of marks for failed candidates issued by the Board of Secondary Education, Andhra Pradesh. The said certificate however, does not contain the date of birth as reflected in the certificates issued by the ZPSS Gouthampur, Kothagudem, Khammam District.

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It is not open to the appellant-company to lightly brush away the certificates issued by the ZPS School. In the event the appellantcompany entertains any doubt about the genuineness of the certificates produced by the respondent-driver, it is always open to it to

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verify the same. However, the mere fact that the respondent-driver did not produce the said certificates at the time of his entry into service cannot be treated as a ground to reject the said certificates for the purpose of determination of his age.

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We therefore do not find any merit in the writ appeal. The order of the learned single Judge is upheld subject to the observation that the appellant-company is at liberty to verify the genuineness of the certificates produced by the respondent-driver in connection with his appearance for the SSC examination for the purpose of determination of his age and in the event, the said certificates are valid and genuine, the appellant-company shall treat the same as the basis for determination of his date of birth.

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Subject to the above observation, the writ appeal is dismissed. There shall be no order as to costs.

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_________________________ Justice T.Meena Kumari ____________________ Justice Sanjay Kumar

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Date: 11^th June, 2009 Gurc/nn.

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THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR

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WRIT APPEAL NO : 1621 of 2008

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(Judgment of the Division Bench delivered by the Hon’ble Sri Justice Sanjay Kumar)

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11/06/2009

The Singareni Collieries Company Limited, v. B. Venkateswarlu

Case brief

What is this about?

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The Singareni Collieries Company Limited, v. B. Venkateswarlu

Case brief

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