KOVURI RAJALINGAM Vs. SINGARENI COLLIERIES COMPANY LTD

JUDGEMENT

(1.) THE petitioner was appointed as Attendant in the 1st respondent Company on 24. 04. 1965. His date of birth was recorded as 20. 04. 1949 as on the date of entry into the service of the 1st respondent Company. The 1st respondent company issued a Circular CRP/per/ir/a/51/728, dated 01. 04. 2006/ 15. 05. 2006 for verification of records in respect of employees who have put in/likely to put in more than 42 years of service in the 1st respondent Company. Pursuant to the said circular, the petitioner, who has put in 42 years of service in the 1st respondent Company, was examined by the Apex Medical Board on 09. 04. 2007. The apex Medical Board assessed the age of the petitioner as 60 years as on 09. 04. 2007 since he completed 42 years of service. The basis for the assessment is that the minimum age required for entry into the service of the 1st respondent company is 18 years and if the age of the petitioner as on 24. 04. 1965 is taken as 18 years, he would be attaining the age of 60 years as on 09. 04. 2007. Therefore, the petitioner was informed that he would be retiring from service with effect from 01. 05. 2007 vide Ref. No. YLD/jkoc/m/16/933, dt. 15. 04. 2007. It is the contention of the petitioner that his date of birth is 20. 04. 1949 and therefore, he is entitled to be in service till 30. 04. 2009. He filed this writ petition with the following prayer:

(2.) RULE Nisi came to be issued on 24. 04. 2007. An interim direction to the respondents to continue the petitioner in service has also been issued on the even date vide WPMP No. 11193 of 2007.

(3.) THE respondents entered appearance and moved WVMP No. 311 of 2009 with a prayer to vacate the interim order dated 24. 04. 2007 passed in WPMP No. 11193 of 2007. It is stated in the affidavit filed in support of the vacate stay petition that minimum age as per the Mines Act, Rules and Regulations to enter into the 1st respondent Company services is 18 years and if the petitioner's age was considered as 18 years as on the date of his entry into service i. e. 24. 04. 1965, he should retire from service with effect from 30. 04. 2007. For better understanding of the plea of the respondents, I deem it appropriate to refer paras. 4 to 8 of the affidavit filed in support of the vacate stay petition, which read as hereunder: