KOTTE RAJAM Vs. SINGARENI COLLIERIES COMMPANY

JUDGEMENT

(1.) THE petitioner joined the service of Singareni Collieries Company limited on 28. 5. 1976 as Badili Filler. Since he was an illiterate, he was subjected to medical examination in the context of assessment of his age. In all his service records, such as, B-Register, Service Book and Identity Card, it was mentioned that his age is 25 years, as on 28. 5. 1976. On that basis, the petitioner is entitled to remain in service upto 27. 5. 2011.

(2.) THE petitioner submitted an application under Voluntary Retirement scheme (V. R. S. ). While processing it, the respondents asked the petitioner to stop coming to the work. According to them, the medical examination report prepared in the year 1976 discloses that his age is 28 years and by mistake, it was mentioned in various service records as 25 years. The respondents also sought to subject the petitioner to medical examination for reassessment of the age. This writ petition is filed assailing the action of the respondents in restraining the petitioner from performing his duties with effect from 12. 6. 2006 and for other consequential benefits.

(3.) THE respondents filed a counter-affidavit stating that in the medical examination report prepared in the year 1976, the age of the petitioner was mentioned as 28 years, whereas by mistake, it was mentioned in all other records as 25 years. It is also their case that when the petitioner was sought to be referred to further medical examination by the Age Determination committee/medical Board in terms of circular, dated 1. 8. 1988, he refused to undergo it. According to them, the petitioner has attained the age of superannuation, and in that view of the matter, he was not permitted to the duties.