SURA BHUMIJ Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) Heard counsel for the parties. The petitioner is aggrieved by the notice of retirement dated 26th April, 2010 issued by the Additional General Manager, Eastern Jharia Area, Bharat Coking Coal Limited (Annexure-3) whereby he has been made to retire with effect from 31st August, 2010 allegedly on reaching the age of 60 years.

(2.) Learned Senior Counsel for the petitioner has made pointed reference to the Form-B Register enclosed as Annexure-1 where the date of birth of the petitioner is shown as 16th November, 1953 as also service excerpts enclosed as Annexure-2 where again, same date of birth has been entered. Learned Senior Counsel has further referred to the information furnished under the R.T.I. by Public Information Office and Personnel Manager, Lodna Area dated 30th April, 2010 (Annexure-4) which indicates that the date of birth of the petitioner as per Form-B Register is 16th November 1953. Identity Card of the petitioner at Annexure-5 also shows the same date of birth.

(3.) In distinction to the above, respondents in their counter affidavit have enclosed an opinion of the Medical Experts prepared on 12th August, 1988 where the age of the petitioner has been assessed as 38 years. The date of appointment of the petitioner is 8th October, 1973 as is evident from Annexure-1 Form-B Register as also Service Excerpts at Annexure-2. Respondents however have not disclosed whether any such correction was made in the Form-B Register as also in Service Excerpts of the petitioner after obtaining opinion of the Medical Experts. Document at Annexure-B shows the left thumb impression of the candidate while all the entries made in the said Medical opinion are in English. Vide Annexure-B to the counter affidavit, the petitioner is shown as holding the occupation of Dragger while notion of retirement at Annexure-3 shows his designation as Gas Pipe Cleaner.