AKHTARI BIBI Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) By this writ application the petitioner has inter alia prayed for a writ in the nature of Mandamus directing the respondents to set aside and cancel the superannuation notice dated January 25, 2012 issued to the petitioner and to send the petitioner before the Apex Medical Board for assessment of her age as per the relevant rules. The case of the petitioner inter alia is that her husband was an employee of the Eastern Coal Fields Limited and he died on September 30, 1994 while still in service. After his death the petitioner got employment as a Security Guard on compassionate ground and she had disclosed her date of birth as February 14, 1962. According to her the dealing clerk had not recorded her date of birth correctly and the Identity Card that was issued by the authorities to the petitioner wrongly recorded the date of birth as February 14, 1953.

(2.) On January 25, 2012 a notice of superannuation was issued to the petitioner intimating that her service shall stand terminated on superannuation with effect from March 1, 2013. The petitioner made a representation to the authorities and requested them to correct the date of birth. But no action has been taken by the respondents.

(3.) The further case of the petitioner is that on September 19, 2011 she got a certificate from her school where the date of birth was recorded as February 14, 1962 in the admission register. The petitioner has relied on the rule requiring the appropriate authorities to refer the case to the Apex Medical Board if they are satisfied there is glaring disparity in the date of birth of the employee.