DHIRENDRA KU MISHRA Vs. CHAIRMAN-CUM-MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioner, who was working as Office Superintendent, T & S Grade-A in Mahanadi Coal Field Ltd. has filed this application seeking for following relief:

(2.) The short facts of the case in hand is that the homestead land along with house standing thereon of the petitioner was acquired for the purpose of Mahanadi Coal Field Ltd. Being a land oustee, the petitioner's name appeared as per the Land loser/dependent Employment Scheme of the company and he was appointed as Badli Loader on 07.09.1989. Accordingly, on the basis of information furnished by him that on the date of joining he was 27 years of age, his date of birth was entered as 02.08.1962 in the prescribed Form-B of the Company. As per the cadre scheme for Ministerial Staff General Clerical Grade dated 17.07.1984, the minimum educational qualification for promotion to the post of Clerk Grade-III, Clerical Grade-II, Clerk Grade-I, Special Grade Clerk/Sr. Clerk and Office Superintendent is Matriculation and equivalent examination from recognized Board of Examination. The scheme further prescribed that for the promotion of Clerk Grade-III, the eligibility criteria is 3 years service In Company and the mode of promotion is by way of selection test. Similarly, the eligibility criteria for the post of Clerical Grade-II is 3 years experience as clerk Grade-III and mode of promotion by way of Departmental Promotion Committee (DPC). For the post of Grade-I, the eligibility criteria is 3 years experience as Clerk Grade-II and mode of promotion is by way of DPC. The eligibility criteria for the post of Special Grade Clerk is 5 years experience as Clerk Grade-I, 8 years experience as Clerk Grade-I and II out of which 3 years must be as Grade-I and the mode of promotion is by way of DPC. For the post of Office Superintendent, the eligibility criteria is 5 year experience as Special Grade Clerk/Sr. Clerk and the mode of promotion is by way of DPC. By following due procedure, the petitioner was promoted to the post of Grade-Ill Clerk on 08.01.1993 by giving effect from 02.12.1991 from the post of Badli Loader. While working as Clerk Grade-III, the statutory Form P.S-3 & 4 was prepared by the Management. Thereafter, he was promoted to the post of Clerical Grade-II and from Clerical Grade-II to Clerical Grade-I and thereafter to Clerical special Grade and thereafter to Office Superintendent, T & S Grade-A pursuant to which he joined on 08.01.2012.

(3.) Mr. H.S. Mishra, learned counsel for the petitioner strenuously urged that on the basis of the service record maintained by the authority in prescribed Form-B in Annexure-1 the date of birth is indicated as 02.08.1962. If that be the date, the petitioner is to superannuate from service on attaining the age of 60 years of age in 2022 and he is also entitled to get further promotion as per the Service Rules prescribed by the authority. Without affording an opportunity of hearing to the petitioner when the authority proceeded to change the date of birth and contemplated to superannuate the petitioner, he made a representation to the authority vide Annexure-7. During pendency of the representation vide Annexure-7, the petitioner apprehended that there is every likelihood that he will be superannuated from service by end of February, 2014, finding no other efficacious remedy, he approached this Court by filing the present writ petition seeking for relief as mentioned above.