LAWS(CAL)-2001-8-87

TRINATH JANA Vs. EASTERN COALFIELD LTD. & ANR.

Decided On August 23, 2001
Trinath Jana Appellant
V/S
Eastern Coalfield Ltd. And Anr. Respondents

JUDGEMENT

(1.) The petitioner has challenged the order of his superannuation on the ground that according to his actual age as found by the Apex Medical Board, the petitioner is entitled to serve for much longer period. It is contended that in earlier proceeding a Learned Single Judge directed petitioner to be examined by Apex Medical Board and according to such direction petitioner was so examined and the report shows the petitioner was to get benefit of further period of service and therefore prayer has been made for implementation of the finding of the Apex Medical Board and for not effecting superannuation until he reaches appropriate age.

(2.) Learned Counsel for the respondents states that the said report cannot be taken cognisance of as two of the members of the Apex Medical Board did not sign the report on the ground that the report assessed the age of the petitioner 12 years less than the age recorded in the service records of the petitioner.

(3.) The reason for not putting the signatures of the respondent have been stated by the learned counsel ascertaining from the records and on instruction.