MD. AFZAL Vs. SINGARENI COLLIERIES CO.LTD.

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

(2.) The petitioner was appointed in the respondents' Company as badli filler on 19.07.1981. He secured promotions and ultimately he was working as EP Operator at JK OC, Yellandu area on the date of his proposed retirement. The version of the petitioner is that he studied up to 10th class (failed) and he produced a copy of the school leaving certificate dated 25.01.1979 issued by the Head Master at the time of his initial appointment wherein his date of birth was recorded as 07.02.1963. He was under the bona fide impression that the same date of birth which is recorded in the 10th class (failed certificate) was mentioned in the service records and he would retire from service on attaining the age of superannuation basing on the date of birth which was recorded as 07.02.1963 in the said certificate.

(3.) The respondents filed counter affidavit contending inter alia as follows: