BOJJA BHUMAIAH Vs. GENERAL MANAGER

JUDGEMENT

(1.) THE petitioner was initially appointed as a Coal Filler on 14.08.1981 in the Singareni Collieries Company Limited, and later promoted as Drill Operator in the Mines. He has filed this writ petition challenging the order of the 2nd respondent dated 06.02.2012 retiring him from service from 31.07.2013. The petitioner is disputing his age, contending that he will reach the age of superannuation of 60 years on 14.08.2014.

(2.) THE petitioner is an illiterate. He did not submit recorded proof of his age at the time of his appointment. He was medically examined and was certified to be 28 years of age as on 05.07.1981. If the said age is taken into consideration, his retirement date is 31.07.2013. However certain discrepancies occurred in the later service records of the petitioner. In the Service and Identity Card (Service Card), his age is noted as 27 years as on 14.08.1981 and as per the said entry the petitioner would retire on 31.08.2014. In yet another record, viz., Employees Transfer Record, his date of birth is mentioned as 14.08.1952, thereby he would retire on 31.08.2012. Yet in another record, viz., CMPF Form -A, his date of birth was shown as 05.07.1953, in which case his retirement would be on 31.07.2012.

(3.) LEARNED counsel for the petitioner would contend that the assessment of the age made by the AADC is not based on any acceptable assessment. The AADC has not medically examined the petitioner, which it is expected to do before an assessment is made. The AADC has merely relied on the disputed records maintained by the Company and has given wrong assessment.