SANJIB BANERJEE, J. - (1.) THIS is a frivolous petition made after the superannuation of the petitioner, claiming that the petitioner's year of birth was 1959 and not 1953 as would be evident from an identity card issued by the employer upon the petitioner's appointment in the year 1980.
(2.) AN affidavit has been filed by the Eastern Coalfields Limited. The coal company has also produced the service record card, the service register and the photo medical card alongwith an identity card issued in favour of the petitioner. All the records demonstrate that the petitioner's year of birth was 1953. Most of these records bear the signature of the petitioner. It is also not in dispute that the petitioner has received the provident fund payment and gratuity upon his superannuation. It is now judicially accepted that a question as to a mistaken date of birth is not ordinarily entertained in Court unless it is filed long prior to the retirement of the concerned employee. In the present case, the petitioner accepted the retirement benefits and thereafter came to Court on the basis of what appears to be an erroneous entry in an identity card suggesting that the petitioner had been discriminated against in the petitioner being required to retire several years prior to the actual date of retirement.
(3.) THERE is no merit in the petition, particularly in the light of the documents presented by the Eastern Coalfields Limited. WP No. 86 of 2014 is dismissed with costs assessed at 10 GM to be paid to the Eastern Coalfields Limited within a week from date.;