BUDHAN PANDIT Vs. BHARAT REFRACTORIES LTD.

JUDGEMENT

(1.) Prayer in this writ application is for quashing the Office Order No. Karmik/173 dated 24.6.2003 (Annexure -8), issued under the signature of the respondent No. 4, whereby the petitioner has been informed of his superannuation from service with effect from 30.9.2008. The petitioner has challenged the aforesaid notification as being illegal, arbitrary and contrary to the principles of natural justice.

(2.) THE petitioner's case in brief is that he was initially appointed on 1.3.1971 on the post of Peon under the India Fire Bricks Insulation Company Ltd which was a private company and which was later on taken over by the Central Government. At the time of his appointment, his age was recorded as 21 years as on 1.3.1971. Later, his date of birth was corrected as 21.10.1952 on the basis of his matriculation certificate (Annexure -1) and such corrected date of birth was mentioned in his Provident Fund Form, Medical Card and Identity Card. According to the aforesaid corrected entry of his date of birth, the petitioner was expected to superannuate on 30.10.2009 and not on 30.9.2008, as declared by the respondents.

(3.) HEARD learned Counsel for the petitioner and the learned Counsel for the respondents.