KRISHNADEO NONIA Vs. B.C.C.L

JUDGEMENT

(1.) The petitioner has approached this Court with the following prayers:-

(2.) The petitioner was a permanent employee of M/s BCCL, having his PIS No. 00824979 and posted as Dumper Operator at South Tisra OCP under the respondents. It is the case of the petitioner that at the time of appointment, the respondents recorded and entered the date of birth of the petitioner as 203.1956 in the Statutory record i.e. Form-B Register. In the year, 1987, the respondent No. 3 prepared the 'Service Excerpt' of the petitioner and showing therein, the date-of birth of the petitioner as 203.1956 and the same was also supplied to the petitioner for raising any objection, if any and for acknowledgement. But suddenly, the respondent No. 4 served the impugned retirement notice dated 09.12013 to the petitioner, intimating therein that he is attaining the age of 60 years on 31.03.2014 as his date of birth as recorded in NEIS is 203.1954; therefore, his service will be terminated from 31.03.2014. On receipt of such information, the petitioner represented before the respondent No. 4 on 112013 protesting therein his illegal and premature retirement and to reconsider his case on the basis of his actual date-of-birth i.e. 203.1956 as recorded in the Form B Register, Service Excerpt, medical report, Identity Card and other documents. Thereafter, the respondent No. 4 issued a letter dated 20.03.2014 for the collection of documents in support of the date-of-birth of the petitioner but the respondents are sitting tight over the matter. In spite of the aforesaid facts, unfortunately, the petitioner has been kept out from his service with effect from 31.03.2014. Hence, the petitioner has preferred this writ petition for redressal of his grievances.

(3.) Mr. Mahesh Tiwari, learned counsel appearing on behalf of the petitioner submits that the respondents cannot make the petitioner to retire superannuate two years prior to his attainment of 60 years of age by interpolating his date of birth, which has been done by the respondents themselves only to snatch away the right of livelihood of the petitioner. The respondents are bound to consider the date of birth as mentioned in the Form B Register i.e. as 22.01956. The date-of-birth of the petitioner was wrongly feeded in the NEIS by the officials of the respondents. The date-of-birth of the petitioner as recorded in Identity Card, Medical Report, Service Excerpt and other documents is 22.01956. It is also submitted by the learned counsel for the petitioner that if, the petitioner succeed, he may be granted full back wages and salary along with other admissible benefits considering him as if, he was in continuous service.