- (1.) BY filing the instant application under Article 226 of the constitution, the petitioner sought to assail the impugned order dated 21st May, 2007 passed by the Assistant General Manager (Personnel), Steel Authority of India Ltd.-IISCO Steel plant, Burnpur. By such order, the respondent authority directed the petitioner to hand over the official residential accommodation and settle all outstanding dues since the petitioner was to attain the age of superannuation on 30th November, 2007. The relevant facts of the present case may briefly be stated as follows:-
(2.) THE petitioner joined the Indian Iron and Steel Company Ltd. , Burnpur presently known as IISCO Steel Plant under Steel Authority of India Ltd. in February, 1973. His date of birth is 15th November, 1951. He passed school final examination in 1967. The aforesaid date of birth was recorded in his admit card as well as the certificate issued by the board. At the time of joining service, the petitioner had to produce authenticated documents in support of his age/date of birth. His pass number is 59893 and such renewed photo gate pass, which was countersigned by the respondent No. 4 on 27. 11. 2006, would also indicate his date of birth as 15th November, 1951. The petitioner applied for the post of senior Mechanic at KORF Compressor Section in terms of Circular dated 26th July, 1986 issued by the Personnel Department of the respondent No. 1. He was selected along with five other employees. The authority concerned discriminated him by giving effect to his promotion from 25th December, 1989 instead of 1st March, 1989. This prompted the petitioner to approach this Court with a writ application. The learned Single Bench of this court, by order dated 17th January, 2003, disposed of the same by directing the concerned respondents to give effect to the petitioner's promotion w. e. f. 1st March, 1989 and to maintain his seniority along with other five candidates. The authority concerned out of vengeance went on taking illegal steps. Things took such bad shape that the petitioner was constrained to initiate criminal proceeding against the Chairman-Managing Director, the
(3.) GENERAL Manager (Personnel and Administration) and others. A case being No. C/438 of 2003 under Sections 406/120b of the Indian Penal Code was registered. The concerned persons approached this Court with the prayer for quashing of the said criminal proceeding. The learned Single Bench of this Court, by order dated 31st January, 2007, disposed of the said revisional application granting liberty to the parties to proceed in accordance with law. The order of the High Court dated 31st January, 2007 was challenged by the accused persons by preferring Special Leave to Appeal being No. 2919/2007. The Apex Court, by order dated 17th May, 2007, admitted the appeal and stayed all further proceedings of the criminal case being No. C/438 of 2003. During pendency of the Special Leave Petition, the petitioner all on a sudden was served with the impugned memo bearing reference No. CPD/5004 dated 21st May, 2007 issued by the Assistant General Manager (Personnel ). The petitioner was informed that his service would be terminated w. e. f. 30th November, 2007 and this was consequent upon his attaining the age of superannuation (60 years) on 16th november, 2007. The petitioner was asked to make suitable arrangement for handing over the company's quarter and settle all outstanding dues.;