AWADH SINGH Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) ORDER 1. This appeal is directed against the judgment and order dated 6th May, 2004 passed by the learned single Judge in W.P(S) No. 2911 of 2002, dismissing the writ application on the ground that no case had been made out for interference by the Court.

(2.) AS will appear from the materials on record, the petitioner/appellant was appointed as an Assistant Store Keeper in Bararee Colliery No. 10, Area Lodana on 1st May, 1972 and at the time of his appointment, his date of birth as per matriculation certificate was shown as 7.5.1954. Inasmuch as, there was certain irregularities with regard to the recording of his dated of birth in the records the matter was referred to the Deputy Secretary, Bihar School Examination Board, Patna who by his letter dated 3rd January, 1992 verified that the date of birth of the writ petitioner/ appellant was 7th May, 1954, as had been shown in his matriculation certificate. Pursuant thereto, a settlement was arrived at between the Management and the concerned Union and it was agreed by way of settlement that the age of the writ petitioner/ appellant would be corrected after verification report, received from the Bihar School Examination Board, Patna within one year from the date of settlement. Thereafter, the matter was once again referred to the said Board which vide its letter dated 17th September, 1996 re -affirmed its earlier stand regarding the date of birth of the petitioner/ appellant and despite the above and despite Implementation Instruction No. 76 regarding the procedure for determination/ verification of the age of employees the respondents issued to the writ petitioner, a notice of retirement dated 28th March, 2000, on the basis of a medical examination to which the petitioner/appellant was subjected.

(3.) BE that as it may, it appears that the writ petitioner/appellant was allowed to continue in service since even according to the medical report, the writ petitioner/appellant would attain the age of 60 years only in the month of July, 2005. However, the writ petition, which was filed in 2002 was in respect of notice issued to him on 28th March, 2000.