Mohammad Rafiq, J. - (1.) THIS writ petition has been filed by Petitioner against action of Respondent Hindustan Copper Limited in deducting his salary for a period of 13 months and 15 days.
(2.) ADMITTEDLY in this case, Petitioner joined service of Respondents on 11.04.1967; he applied for voluntary retirement under a particular scheme offered by government and in pursuant thereto Petitioner stood retired on 03.01.2003. When retiral dues of Petitioner were being finalized, Respondents deducted his salary for aforesaid period contending that as per date of birth disclosed by Petitioner i.e. 25.08.1950 at the time of his initial appointment, he was found to be less than 18 years of age by 13 months and 15 days, therefore for that period payment of salary was erroneously made to him because he could not have been appointed before attaining age of 18 years. Learned Counsel for Respondent has cited judgment of coordinate bench of this Court in Civil Writ Petition No. 7412/2006 - Mumtaz Ali v. Hindustan Copper Limited and Anr., decided on 03.07.2008, and argued that in similar controversy this Court declined to entertain writ petition.
(3.) A perusal of aforesaid judgment would go to show that in that case originally date of birth of Petitioner therein at the time of entry in service was 15.12.1949 but subsequently he produced school leaving certificate wherein his date of birth was mentioned as 03.10.1953. In those facts, the high court held that if 03.10.1953 is taken to be his date of birth as alleged, he was 14 years of age at the time of his entry into service on 25.12.1967; date of birth 15.12.1949 initially recorded in Form -B at the time of initial entry into service and disclosed as 03.10.1953 by Petitioner later on from his school leaving certificate, is disputed question of fact and therefore interference was declined.;