AMARESHWAR SAHAY, J. - (1.) HEARD the Parties.
(2.) THE petitioner has challenged the order as contained in letter dated 20.10.2001 (Annexure -6) issued under signature of the Project Officer, Damagoria Colliery, BCCL, informing the petitioner that on the basis of the recommendation of the Date of Birth Committee, whereby the age of the petitioner was assessed as 45 years on 21.7.1986 and, therefore, his case for retirement under the Voluntary Retirement Scheme was rejected and it was decided to stop the petitioner from duty and his name was put off from the Rolls of the company with immediate effect. According to the petitioner, he was appointed as Dozer/Scriber Operator by the respondents in the year 1975 and at the time of his joining the petitioner gave his date of birth as 4/11/1945, which was recorded in Form "B" Register as well as the other statutory records kept in the Colliery. He was also issued Identity Card wherein the date of birth of the petitioner has been shown as 4/11/1945, therefore, as per the date of birth recorded, the petitioner would superannuate from service on 4.11.2005.
(3.) THE grievance of the petitioner is that as per the Rules and Regulations of the respondents, at least six months prior intimation is required to be given to an employee informing him about his superannuation, but the respondents in most whimsical manner stopped the petitioner from duty by issue of Annexure -G dated 20/10/2001 on the ground that he has attained the age of superannuation without giving him any notice or information as required. This order as contained in Annexure -6 is under challenge in this writ application. The learned counsel for the petitioner has submitted that the action of the respondents is most arbitrary, illegal and against the norms and Rules of the respondents and, therefore, is liable to be quashed. ;