RAJENDRA SINGH Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) This writ application has been filed by the petitioner with a prayer for quashing the report of Apex Medical Board dtd. 8/11/2006 so far as it relates to the petitioner and also for quashing the office order no. 1240 dtd. 29/12/2006/4/1/2007, so far as the same determines the age of the petitioner as 57 years and 6 months on 8/11/2006 and also to direct the respondent to treat the date of birth of the petitioner as 7/2/1954.

(3.) The brief facts of this case of the petitioner made out in this writ application are that the petitioner joined the service with Respondent Corporation as clerk on 7/9/1973. In the year 1995, he appeared in the matriculation examination and the date of birth mentioned in matriculation certificate is 7/2/1954. Vide letter dated 5/6/7/2006, copy of which is the annexure 3, the petitioner was informed that he would retire on 31/1/2007 on completing the age of 60 years. The petitioner protested. On protest of the petitioner, the respondent authority decided to get his age assessed by the competent authority. It is also the case of the petitioner that his date of birth has been mentioned as 7/2/1954 in the Form B and declaration of CMPF. The petitioner appeared before the Apex Medical Board constituted in terms of Implementation Instruction 1976 as per the Instruction No. 76, National Coal Wage Agreement- III and his age was assessed to be in the range of 55 to 60 years as on 8/11/2006. So the respondents accepted the age of the petitioner to be of 57 years and 6 months on 8/11/2006 and the petitioner was made to retire from his service on 31/5/2009.