SURESH ROY Vs. COAL INDIA LTD. AND OTHERS

JUDGEMENT

(1.) Grievances of the petitioner, as ventilated in the instant application under Article 226 of the Constitution, may briefly be stated as follows: - -

(2.) In the year 2003, 'B' form register was issued where too the petitioner's date of birth was recorded as 10th July, 1950. petitioner had no occasion for raising any objection since the year of birth was correctly recorded.

(3.) On receipt of the notice of superannuation, the petitioner himself as well as through the Union took up the matter with the management without, however, any change in complexion. The petitioner was never asked to appear before any Age Determination Committee or Apex Medical Board for determination of his age. Moreover, as per the prevailing practice, in absence of any dispute being raised by an employee in connection with the entries in the service record excerpts, the authority has no power to alter the date of birth of any employee nor it can send an employee for reassessment of age. By compelling the petitioner to retire quite well before his attainment of the age of retirement was in violation of Articles 14, 16 and 21 of the Constitution. The petitioner, thus, was deprived of his livelihood and was consequently denied his right to live with dignity.