Kishore Kumar Singh v. Bharat Coking Coal Limited, Dhanbad
2007-09-26
N.N.TIWARI
body2007
DigiLaw.ai
Order As per the direction of this Court, the respondents produced the Photostat copy of Statutory Form-B Register (AnnexureC/1). 2. It is an admitted case that the petitioner has entered in service as a workman and the Form-B Register was accordingly maintained by the respondents with respect to the petitioner till he was promoted to the higher post as an Assistant Engineer. 3. From perusal of the Form-B Register, it is evident that his date of birth has been recorded as 27th September, 1947. According to the said date of birth, the petitioner is due to retire on 30th September, 2007. However, the petitioner has been illegally sought to be superannuated with effect from 31st July, 2007 by letter dated 6th February, 2007, as contained in Annexure-5. 4. The petitioner has challenged the said letter dated 6th February, 2007, communicating his date of retirement as 31st July, 2007. The petitioner has also annexed his matriculation certificate and other documents to show that his date of birth is 26th September, 1947. 5. In view of the above admitted position, the impugned letter, showing his date of retirement as 31st July, 2007, is wholly unfounded and illegal. 6. After hearing learned counsel for the parties and considering the submissions as well as the documents available on record, it is, held that according to the admitted date of birth in the Statutory Form. B Register, produced by the respondents, the petitioner will attain the age of superannuation on 30th September, 2007 and that the impugned letter dated 6th February, 2007 (Annexure-5) communicating his date of retirement as 31st July, 2007, is wholly unfounded and illegal and the same is hereby quashed. Accordingly, this writ petition is allowed.