R.R. Prasaad, J. - (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the respondents.
(2.) THE petitioner a matriculate, on being appointed as unskilled labour, gave his joining on 8.4.1969. At the time of joining, the matriculation certificate issued in the year 1967 showing date of birth of the petitioner as 5.7.1952 was submitted before the authority and as such, the petitioner had every reason to believe that said date of birth has been entered into the service book. On that basis, same date of birth was recorded in the employees provident fund record and even in the medical book issued on 27.11.2982, age of the petitioner was recorded as 30 years which corresponds to the date of birth recorded in the matriculation certificate but all on a sudden to utter surprise of the petitioner, notice was issued to the petitioner on 29.7.2006 intimating therein that the petitioner has to superannuate on 30.4.2007, though as per the date of birth recorded in the matriculation certificate, the petitioner was supposed to retire in the year 2012 on attaining the age of superannuation, i.e. 60 years and, therefore, the petitioner made a representation before the authority but no order was passed, as a result of which, the petitioner was made to retire on 30.4.2007 illegally, arbitrarily and since then he is out of job and hence, the petitioner has preferred this writ application seeking quashing of the letter dated 29.7.2006 under which the petitioner was made to retire on 30.4.2007. A counter affidavit has been filed on behalf of the respondents stating therein that at the time of joining, the petitioner on being examined medically was found to be aged about 22 years on 8.4.1969. Accordingly, the date of birth of the petitioner was recorded as 8.4.1947 in the service record and on that basis, the petitioner was made to retire and as such, action of the respondents can never be said to be illegal and arbitrary and that date of birth as claimed in 5.7.1952 can never be accepted as he being less than 18 years in the year 1969 would not have been allowed to join the service.
(3.) LEARNED Counsel appearing for the petitioner submits that stand taken on behalf of the respondents is contrary to law laid down by the Full Bench of this Court rendered in a case of Kamta Pandey v. B.C.C.L (F.B), 2007 (3) JLJR 726 holding therein that date of birth recorded in the matriculation certificate is conclusive proof of age and that in absence of any rule or instruction regarding one having age less than 18 years is ineligible to be appointed, the plea taken on behalf of the respondents does not have any leg to stand which view has been taken by this Court rendered in a case of Ram Das Rajak v. Steel Authority of India Limited and Ors. in W.P. (S) No. 4181 of 2008.;