DHARANI MAHATO Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) The present writ petition has been preferred for issuance of direction upon the concerned respondent to consider and determine the date of superannuation of the petitioner on the basis of his actual date of birth which is 6/12/1963. Further prayer has been made for quashing the letter issued under Ref. No. BCCL/EJA/ASP/INC/2022/2744 dtd. 16/12/2022 by the Project Officer, A.S.P. Colliery, Sudamdih, Bharat Coking Coal Limited (BCCL), Dhanbad whereby the petitioner was intimated that he would retire from the service on 30/6/2023.

(2.) Learned counsel for the petitioner submits that the petitioner was appointed on the post of Under Ground Piece-rated Miner/Loader in Ena Colliery of the respondent BCCL on 27/1/1986 vide Letter No. 131/86 dtd. 30/12/1985/7/1/1986. The petitioner was issued Identity Card showing his age as 22 years as on 6/12/1985. A service sheet in Form-'B' was also issued to the petitioner on 19/3/1992 showing his age as 22 years as on 6/12/1985 and in view of the said age mentioned in the statutory Form-'B' as well as in the Identity Card issued to him, his date of superannuation should be 31/12/2023 on completion of 60 years of age. The petitioner represented the respondent no. 4- the Project Director, Ena Colliery, BCCL, Dhanbad for consideration and determination of his age of superannuation treating his date of birth as 6/12/1963, however the same remained unresponded, which has compelled him to prefer the present writ petition.

(3.) Learned counsel for the petitioner also submits that on the very next date of filing of the present writ petition, the petitioner received letter vide Ref. No. BCCL/EJA/ASP/INC/2022/2744 dtd. 16/12/2022 issued under the signature of Project Officer, A.S.P. Colliery (Sudamdih), BCCL, Dhanbad whereby he was informed that he would retire from the service on 30/6/2023 and if he had any objection, the same would have to be raised within seven days from the date of issuance of the said letter. The petitioner thus also seeks challenge to the letter dtd. 16/12/2022.