NAFISHA KHATOON Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE instant writ petition has been filed by the petitioner one Nafisha Khatoon, claiming to be wife of late Shakoor Mian, challenging the notice dated 8th November 1993 (Annexure -2) issued by the respondent no. 3 -the General Manager, Bharat Coking Coal Limited, Lodna Area, Dhanbad alleging that her husband was wrongly superannuated from service by arbitrarily correcting his date of birth.

(3.) ON the other hand, counsel for the respondents has opposed the relief prayed for on behalf of the petitioner, mainly on the ground that the employee concern had retired by virtue of the impugned notice on 01st January 1994 and remained alive till 17th January 1996. However, he did not find any reason to impugn the aforesaid retirement notice which was served upon him after due show -cause, as would appear from the impugned notice itself. The writ petition has been filed in the year 1998 almost after more than five years which suffers from gross delay and latches on that account and also on the question of identity of the petitioner herself and in view of the doubt being created, the writ petition should not be entertained.