- (1.) In this writ petition, the petitioner has prayed for quashing the order dated 21.8.2010, whereby the petitioner was informed regarding his attaining the age of superannuation on 31.1.2011. The petitioner has also prayed for direction on the respondents to correct the entry of his date of birth in the record of the Company on the basis of his Matriculation certificate. It has been stated that the petitioner passed Matriculation examination prior to his appointment and joining the service of the respondents. According to the Matriculation certificate, the petitioner's date of birth is 4.9.1955. But in the service record his date of birth was wrongly entered as 15.1.1951. The said mistake in entry was made despite submission of his Matriculation certificate before the respondents. The petitioner was under the bona fide impression all along that the entry of his date of birth in the service record is the same as mentioned in the Matriculation certificate and there was no occasion for him to raise any such dispute earlier.
(2.) The petitioner was taken by surprise, when the said impugned notice dated 21.8.2010 was served on him informing his premature superannuation on the basis of wrong entry of his date of birth as 15.1.1951. The petitioner has filed this writ petition as he has no other alternative and speedy remedy.
(3.) It has been submitted that according to the provisions of National Joint Committee for Steel (NJCS), Matriculation certificate is an authentic document of proof of date of birth. The respondents, contrary to the entry of the petitioner's date of birth in the Matriculation certificate, have put an arbitrary date of birth in the service record. By the said arbitrary entry, the tenure of the service of the petitioner has been shortened by five years. The said reduction of the tenure is highly prejudicial to the petitioner. The respondents, before issuing said notice, never gave any information that the date of birth mentioned in the Matriculation certificate shall not be accepted and any other criterion shall be applied for making entry of the date of birth in case of the petitioner. The order impugned is wholly arbitrary, illegal and violative of principal of natural justice and is liable to be quashed.;