ASHOK KUMAR PANDEY Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for a direction upon the respondents to correct the date of birth of the petitioner as 5/3/1966 in view of his school leaving certificate rather than 2/3/1960 as mentioned in NEIS. Further, prayer has been made for quashing of notice of retirement dtd. 03/9/10/2019 as contained in Letter No.BCCL/KOCP/PO/2019/375 (Annexure-5) issued by the Project Officer, Golakdih Project and also for quashing of letter dtd. 16/1/2021 (Annexure-11) as contained in Ref. No. BCCL/KOCP/2021/652 issued by the Project Officer, Golakdih Project, whereby the petitioner has been directed to vacate the company's quarter and also panel rent of Rs.6,000.00 + other charges, total amounting to Rs.42,356.00 for the period from 1/7/2020 to 31/12/2020 has been charged against the petitioner.

(2.) The case of the petitioner lies in a narrow compass. The petitioner was duly appointed by the respondent to the post of Shovel Operator (Trainee) vide letter dtd. 31/1/1989/2/2/1989 issued by the Deputy Chief Personnel Manager (MP and R), BCCL, Dhanbad. Thereafter, the petitioner appeared in the medical examination held by the respondents and in the said medical report, the date of birth of the petitioner has not been mentioned. The Senior Director, BCCL vide letter dtd. 8/12/1988 directed the petitioner to appear in the interview on 19/12/1988 with all the documents in support of age, qualification, experience and residential status etc. In compliance thereof, the petitioner attended the interview and produced the school transfer certificate issued by the Headmaster, Middle School, Samlapur, Dhanbad, birth certificate and other documents, showing the date of birth of the petitioner as 5/3/1966. It is specific case of the petitioner that after his appointment, the petitioner was working to the satisfaction of the respondents, however, the petitioner became highly shocked and surprised when he received the notice of retirement dtd. 03/9/10/2019 as contained in Letter No. BCCL/KOCP/PO/2019/375 issued by the respondent No.5, wherein it was informed to the petitioner that according to his date of birth recorded in NEIS, he will be superannuated on 31/3/2020 on attaining the age of 60 years on 2/3/2020 and accordingly forced to retired on 31/3/2020, without considering the attestation form, which was prepared at the time of appointment, wherein his date of birth has been mentioned as 5/3/1966. Aggrieved by the same, the petitioner represented before the respondents several times, but no heed was paid and as such, he has been constrained to knock the door of this Court.

(3.) During the pendency of the writ petition, the respondents have issued a Letter dtd. 16/1/2021 as contained in Ref. No. BCCL/KOCP/2021/652 issued by the Project Officer, Golakdih Project, whereby the petitioner has been directed to vacate the company's quarter and also informed that penel rent of Rs.6,000.00 +other charges, total amounting to Rs.42,356.00 for the period from 1/7/2020 to 31/12/2020 has been charged against the petitioner and in case of non-payment of the aforesaid amount, the same will be deducted from his retiral benefits.