- (1.) Petitioner has filed this writ petition assailing the order dated 27.06.2006 (Annexure 4), whereby Management had decided to retire the petitioner w.e.f. 28.06.2006. Brief fact of the present case inter alia are that petitioner had joined Bharat Coking Coal Limited on 23.08.1962. In Form B, at the time of joining his duties, his date of birth was recorded as 13.07.1947. In the Matriculation Certificate, too, his date of birth is 13.07.1947. Petitioner was having educational qualification of Intermediate as shown in Form B. As per the date of birth of the petitioner on Form B (Annexure 2), petitioner would have retired on 12.07.2007 afternoon. Since, Management has decided to retire the petitioner w.e.f. 28.06.2006 prior to the date of retirement i.e. 12.07.2007, petitioner has approached this Court.
(2.) Learned counsel appearing for the petitioner has vehemently argued that entries made in the Form B (Annexure 2) are final and cannot be disputed. While, relying on Annexure 1 (Matriculation Certificate), learned counsel for the petitioner has submitted that even in the Matriculation Certificate, date of birth of the petitioner is written as 13.07.1947. He has further argued that Respondents have absolutely no jurisdiction to get the age of the petitioner verified from the Medical Board and retire him on the basis of age assessed by the Medical Board.
(3.) On the other hand, learned counsel for the Respondents, while placing reliance on the judgment of the Division Bench of this Court in the case of Bhim Lal Barhi and others Vs. Bharat Coking Coal Limited and others, copy of which is filed as Annexure 1 of the counter affidavit, contends that Division Bench of this Court has approved the scheme of the Management, whereby, Management can refer the employee for the medical opinion for the determination of age by Medical Board in case there is any doubt about the actual date of birth of the employee.;