LOKMAN HUSSAIN BORA Vs. BRAHMAPUTRA VALLEY FERTILIZER CORPORATION LTD., NAMRUP, DISTT. DIBRUGARH, ASSAM AND OTHERS

JUDGEMENT

(1.) Heard Mr. A. Dasgupta, learned Counsel for the petitioner and Mrs. B. Dutta, learned Counsel appearing for the respondents Brahmaputra Velley Fertilizer Corporation Ltd. (for short, 'the Corporation').

(2.) The validity and correctness of the order dated 28.3.2003 issued by the respondent No. 3 of the Corporation asking the petitioner to retire on 31.5.2003 on Its alleged superannuation is the subject matter of challenge in this writ petition.

(3.) The case of the petitioner herein is that at the time of joining the service under the Fertilizer Corporation of India, later on re-named as the Corporation respondent No. 1, as Trade Apprentice, in the service book, the petitioner's date of birth was recorded as 1.6.1946 and accordingly, the petitioner has to retire on 31.5.2004. But to his utter dismay and surprise, he was asked by the impugned memorandum to retire on 31.5.2003. Immediately on receipt of this impugned memorandum, he approached the respondents by filing a representation dated 2.4.2003 claiming that though his provisional Matriculation Certificate issued by the Head Master of Karara Government Aided H.E. School showed his age as 16 years 9 months as on 1.3.1962, his actual age on 1.3.1962 was 15 years 9 months which is evident from Admit Card as well as Matriculation Certificate issued by the Gauhati University. However. since no reply has been forthcoming from the end of the respondents and as time is also running out, the petitioner has no option but to approach this Court on 15.5.2003 by filing this writ petition under Art. 226 of the Constitution of India for redressal for his grievances as regards the correction of age.