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2005 DIGILAW 504 (JHR)

Vinod Sharma v. Bharat Coking Coal Ltd.

2005-07-13

SUDHANSU JYOTI MUKHOPADHAYA

body2005
Order This application has been preferred by the petitioner for issuance of a writ in the nature of certiorari setting aside the notice of retrenchment being Reference No. BCCULNPER/EST/04/1685 dated 7/18th September, 2004 issued by the 5th Respondent, whereby and where under, he has been informed that he will superannuate w.e.f. 30th April, 2005 on attaining 60 years of age. 2. According to the petitioner, he was appointed in the services of the Respondents as Cashier on 1st February, 1970. The Respondents accepting his year of birth as 1947 made entries in Form-B Register; Identity Card; Service Excerpt, as also in Family Identity Card. The Personnel Officer, North Tisra Colliery, BCCL, Lodhna Area when issued letter dated 18/21st February, 2004, therein also the petitioner's year of birth was shown as 1947, but suddenly he has been asked to superannuate on wrong presumption that he has attained 60 years, though he will attain the same in the year 2007. 3. Learned counsel for the petitioner, while referred to a letter dated 2nd December, 2004 issued from B.C.C.L. Headquarters, pointed out that the date of birth of petitioner therein also shown as 1st July, 1947. 4. Learned counsel for the Respondents were directed to file affidavit and enclose a copy of the Statutory Form 'B' Register to find out the date of birth of petitioner, as recorded therein. 5. In the counter affidavit, though it is accepted that in the records, the year of birth recorded as 1947 and have not disputed the fact as pleaded by the petitioner, only plea taken is that 1945 is the year of birth shown in his Matriculation Certificate issued by the Board of Secondary Education, Rajasthan. 6. Admittedly, the petitioner passed the Matriculation Examination in the year 1962 and after eight years, he was appointed in the services of the Respondents as Cashier. Even if it is presumed that the Certificate was produced by the petitioner before the authorities at the time of his appointment, but in spite of that for the reasons best known to the authorities, his age was assessed to be about 26 years and year of birth was recorded as 1947 in the Form 'B' and other service records. 7. 7. As the year of birth 1947 has been shown in the Service Records, Statutory Form 'B' Register and other official documents and the same have not yet been changed, the Respondents cannot superannuate the petitioner from an earlier date on the ground that his year of birth is 1945 as written in the Matriculation Certificate. 8. In the fact? and circumstances, as the Notice dated 7/18th September, 2004 cannot sustain in the eye of law, it is set aside. The petitioner stands reinstated to his original post with all consequential benefits, including the arrears of salary, which is to be paid to him within three months from the date of receipt/production of a copy of this order. He will continue in services of the Respondents till the age of superannuation on the basis of year of birth as 1947. as recorded in the Statutory Form 8' Register and other relevant records. 9. The writ petition is allowed with the aforesaid observations and directions.