LAWS(JHAR)-2002-12-15

KISHORI MAHTO Vs. CENTRAL COALFIELDS LTD.

Decided On December 13, 2002
Kishori Mahto Appellant
V/S
CENTRAL COALFIELDS LTD. Respondents

JUDGEMENT

(1.) THE Petitioner prays for his reinstatement in service with effect from 3.1.2001 with full back wages. He also prays for quashing of the order No. 5289 dated 11.12.2000 by which the Project Officer, Sayal 'D' Colliery (Respondent No.4) informed the Petitioner that he would be superannuating with effect from 3.1.2001 on his having attained the age of superannuation.

(2.) ACCORDING to the Petitioner, his date of birth as recorded in the service book is 1.1.1953 and the Respondents have all along acted on the basis of the aforesaid date of birth.

(3.) THE Petitioner came to learn that the Respondents had issued a notice to several persons including the Petitioner on 27.8.2000 wherein they mentioned that the Petitioner would be reaching the date of superannuation and would therefore be retiring on 3.1.2001. Immediately thereafter the Petitioner sent a representation to the Respondent No. 3 through the Respondent No. 4 and submitted that all particulars in relation to his service showed that he was born on 1.1.1953 and therefore he should be allowed to retire only on 1.1.1913 (sic -2013 ?). No action was taken on the representation of the Petitioner and thereafter an office order was issued on 11.12.2000 (Annexure 8) by which the Petitioner was shown to be superannuating on and from 3.1.2001.