RAGHU HAJRA Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) The petitioner has prayed for quashing the notice dated 21.5.2010 (Annexure-3) issued under the signature of Project Officer, Munidih Colliery, Putki, District-Dhanbad, whereby the petitioner has been directed to superannuate from the service prematurely w.e.f. 31st October, 2010 contrary to the entries of the petitioner's date of birth in the statutory Form-B Register and other service records prepared at the time of entry in service. According to the entry in the said statutory Form-B Register, the petitioner's due date of retirement is 1st November, 2015. The petitioner has also prayed for consequential reliefs. The petitioner entered in the services of the respondents after his appointment as PRM Mazdoor at Kushtore Colliery, Dhanbad on 9th October, 1978. A Form-B Register was prepared clearly mentioning his date of birth as 23 years on 9th October, 1978. The said date of birth is also reflected in the identity card, service excerpts and other service records. The petitioner was subsequently transferred to Munidih Colliery of the BCCL. Suddenly, a notice dated 21.5.2010 was issued by the Project Officer, Munidih Colliery, Putki, District-Dhanbad intimating the petitioner that he would retire on 1st November, 2010, i.e. five years prior to his actual date of retirement (1st November, 2015).

(2.) The petitioner challenged the said notice in this writ petition. It has been stated that the respondents cannot unilaterally change the service term/condition of the petitioner and alter his date of birth to his prejudice, without giving any notice or opportunity of representation.

(3.) The petitioner has prayed for quashing the said notice on the ground that the same has been issued arbitrarily, illegally and in violation of the principle of natural justice.