Deepak Roshan, J. - (1.) Heard learned counsel for the parties through V.C.
(2.) The instant application has been preferred by the petitioner for following reliefs:- (i) for quashing of the Office order dated 25.05.2014, so far as it relates to the petitioner, whereby and where under it has erroneously been held that the petitioner is going to retire on 30.06.2014, as per the service book and other related documents and as such the impugned order is wholly unjust & unsustainable in the eye of law. (ii) Further, for quashing of the letter dated 02.06.2014, issued by the Project Officer, Munidih Coal Washery, in consequence of the office order dated 25.05.2014, without considering the fact that as per the service book and other documents the petitioner has to retire on 31.12.2014. (iii) Further prays for quashing the letter dated 08.10.2014 issued by Project Officer, Munidh Coal Washery, whereby and where under the petitioner has been informed that dispute with regard to age has been considered and as because the date of birth of the petitioner figures differently in different records the petitioner was held but have reached the age of superannuation on 30.06.2014, without considering the fact that as per the relevant documents the petitioner was due to retire on 31.12.2014 and hence the contrary decision is wholly unjust and unsustainable in the eye of law. (iv) Further prays for a direction upon the respondents to pay the salary for the period 30.06.2014 to 31.12.2014 and further the respondents be directed to calculate all the retiral benefits considering that the petitioner has retired from service on 31.12.2014 in the facts of this case, as without any fault of the petitioner, the petitioner has been superannuated from the service on 30.06.2014.
(3.) The case of the petitioner is that he joined the services of the respondent-Company on 30.12.1974 as Conveyor Operator in Munidih Coal Washery and at the time of joining of the petitioner the service book was prepared and in the service book the date of birth of the petitioner was entered as 20 years as on 30.12.1974 and the same date of birth was mentioned in the Last Pay Certificate ('LPC' in short). The further case of the petitioner is that even on the other documents like Identity Card the date of birth of the petitioner has been mentioned as 30.12.1954 as such, the date of retirement of the petitioner comes on 31.12.2014. However, an office order was issued on 25.05.2014 wherein it was indicated that the petitioner is going to retire on 30.06.2014 and on 02.06.2014 the petitioner has received another letter from the respondent No.4-Project Officer, Munidih Coal Washery, for submitting the relevant documents as per "Mission Biswas" for final resolution of petitioner's retirement benefit. The petitioner immediately filed a representation indicating that his date of birth is 30.12.1954 and as such, he should retire on 31.12.2014. However, without providing any opportunity of hearing to substantiate his claim the respondent-authority issued the impugned letter dated 08.10.2014 whereby the petitioner was informed that after going through all the records regarding date of birth it was found that the date of birth of the petitioner was found differently entered as such, as per the entry in Non-Executive Information System ('NEIS' in short) the petitioner's date of birth was fixed as 30.06.1954 and the petitioner has rightly been retired.;