J. C. Verma, J. - (1.) With the consent of parties, the case is being decided finally at admission stage.
(2.) The petitioner had entered in the services of the respondents as an apprentice on 22-3-1962, was promoted to the post of Chargeman in the year 1963, to the post of Foreman in the year 1980 and as an Engineer Supervisor in April, 1985. At the time of entering into services, the petitioner's date of birth was entered as 31st July, 1938. It is stated by the petitioner that in his service record, date of birth continues to be mentioned as 31st July, 1938 and has not been changed, as per his knowledge. He also referred to seniority list dated 31-12-1987 where his name is shown at Serial No. 47 (Annex. 2), seniority list as circulated by letter dated 25th May, 1992 (Annex. 3) wherein his name is shown at Serial No. 20, seniority list as on 31-3-1993 published on 20th July, 1994 wherein his name is shown at Serial No. 18 and final seniority list circulated on 12-5-1995 wherein his name to shown at Serial No. 18 (Annex. 5). In all these seniority lists his dated of birth has been shown as 31st July, 1938.
(3.) The petitioner submits that because of displeasure he had incurred from the authorities and to revenge, he was illegally charge-sheeted and even proceeded against. He was also suspended. He had denied all the charges. Enquiry was in progress. The next date in the inquiry was fixed at 23rd August, 1995 as per Annx. 12 but before one day of the date of inquiry, he was made to retire on 22-8-1995, whereas according to the petitioner as per Annex. 13 he should have been retired on attaining the age of superannuation on 30-7-1996. The petitioner submits that he was served the order of retirement dated 22-8-1995 by Annex. 14. It is estated by the petitioner that he had asked for certain documents in relation to the incident mentioned in the year 1985 but the same had not been provided. The petitioner challenges impugned order Annex. 14 retiring him by way of superannuation on 22-8-1995 and further submits that according to his date of birth he could have only been retired in July, 1996 and not from 22-8-1995.;