AZIMUDDIN ANSARI Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) THIS writ petition has been preferred by petitioner against the order as contained in letter No. BCCL -PAV/SC/Superannuation/90 -2167 -72 dated 20/28th March, 1993 whereby petitioner was informed that he will attain age of superannuation, 60 years, on 14th October, 1993 and will retire from the said date.

(2.) ACCORDING to petitioner, his correct date of birth has been incorporated in the matriculation certificate as 10th October, 1938 which should be accepted by the respondents in preference to the date of birth allegedly appearing in the Companys record without any basis.

(3.) ACCORDING to respondents, the petitioner having appeared in the matriculation examination after ten years of appointment, the date of birth recorded therein cannot be accepted. It has been brought to the notice of the Court that at the time of initial appointment, the petitioner made it clear that he appeared in the test for appearance in the matriculation examination in the year 1952 from Dhanbad Academy and his date of birth is 15th October, 1933 -He put his signature on 7th January, 1954 with designation Ward Boy, T.B. Clinic, Katras (Annexure -A to the counter affidavit).