RAMLAL HURMADE Vs. WESTERN COALFIELDS LTD

JUDGEMENT

(1.) In this petition, the petitioner has challenged the action of the respondents whereby they have decided to retire the petitioner by treating his date of birth as 01.07.1951 whereas the petitioner's date of birth is 10.11.1951. A declaration is prayed for that the petitioner should be treated to be retired on 30.11.2013.

(2.) Shri S.P. Tripathi, learned counsel for the petitioner submits that the High School Certificate issued on 05.07.1972, Sardar's Certificate (Annexure-P/2), High School Certificate (Annexure-P/3), Middle School Certificate (Annexure-P/4) and Overmen Certificate (Annexure-P/5) contains date of birth of the petitioner as 10.11.1951. The respondents have erred in treating the date of birth as 01.07.1951. He placed reliance on Implementation Instruction No.76 (Annexure-P/10) and order of this Court in the case of Ram Kumar Vs. SECL (Annexure-P/11).

(3.) Per contra, Shri Anoop Nair, learned counsel for the respondent supported the impugned order and placed heavy reliance on the return and documents annexed therewith.