FATIK CHANDRA DUTTA Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner against the notice dated 3rd/4th May 2004, passed by 4th, respondent, whereby and where under, he has been informed that he will be completing 42 years of service and thereby he would retire on 31st October, 2004.

(2.) ACCORDING to the petitioner, he can not be subjected to retire prematurely, prior to attaining the age of superannuation i.e. 60 years of age. On the other hand, according to the respondents, the minimum age of 18 years, prescribed for appointment in the services of the respondents, the petitioner can not continue beyond 42 years of service.

(3.) THE stand of the parties has already been noticed above. According to the petitioner, his date of birth can not be changed and thereby he can not be made to retire prior to 60 years of age. On the other hand, as per the respondents, the petitioner having completed 42 years of service, can not be allowed to continue further.