BODDULA SADANANDAM Vs. SINGARENI COLLIERIES CO LTD

JUDGEMENT

(1.) This writ petition is filed seeking a Writ of Mandamus, declaring the letter dated 03.05.2018 issued by the 3rd respondent, whereby, the petitioner is required to retire from service of the respondent-Company with effect from 31.03.2019, as unreasonable, manifestly arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India and quash and set aside the same with a consequential direction directing the respondents to continue the petitioner in service by reckoning his date of birth as 10.05.1964 as was recorded in his Service Book with the approval of the Superintendent of Mines.

(2.) Heard Sri T.Koteswara Rao, counsel for petitioner and Sri J.Sreenivasa Rao, Standing Counsel for respondents.

(3.) It has been contended by the petitioner that he was initially appointed as Badili Filler in the respondent-Company on 21.05.1983 and the Service Register of the petitioner was prepared and his age was recorded as 24 years as on 27.03.1983 and his date of birth was recorded as 27.03.1959. Petitioner further submitted that his date of birth was entered as 10.05.1964 in the SSC record, but the respondents have retired him based upon incorrect date of birth i.e. 27.03.1959 instead of 10.05.1964. Therefore, the petitioner has filed this writ petition challenging the proceedings dated 03.05.2018, whereby, the petitioner was to retire from service as per the incorrect date of birth entered in the Service Register. Petitioner submits that as per the SSC record, his date of birth is 10.05.1964, therefore, in all fairness, the respondents ought to have retired the petitioner as per the date of birth as entered in his SSC certificate.