- (1.) This writ petition has been filed challenging the order dated 22.01.2013 passed in O.A. No. 71 of 2012(R) by the Central Administrative Tribunal, Circuit Bench, Ranchi, in and by which, the Tribunal directed the petitioner to pass a fresh order in terms of the earlier direction given in O.A. No. 173 of 2010(R) within three months from the date of communication of that order.
(2.) The brief facts which led to filing of this writ petition are as follows:- By the order dated 08.05.2009, the appellant was ordered to be superannuated with effect from 28.02.2010 as his date of birth was taken as 12.02.1950 instead of 12.02.1952, which, according to the respondent, was the date of birth mentioned in his matriculation certificate submitted at the time of his appointment in support of declaration of his age. The respondent had challenged the order of superannuation dated 08.05.2009 in W.P.(S) No. 4455 of 2009 and the same was disposed of on 06.08.2010 giving opportunity to the respondent to approach CAT and thereafter the respondent filed O.A. No. 173 of 2010(R). The Tribunal had disposed of O.A. No. 173 of 2010(R) directing the petitioner to re-examine the case of the respondent in the light of the observations and pass a reasoned and speaking order on the question of date of birth of the respondent after giving him an opportunity of personal hearing within a period of three months from the date of that order.
(3.) Pursuant to the order passed in O.A. No. 173 of 2010(R) dated 10.08.2011, the Divisional Engineer, (A&P), GMTD, BSNL, Hazaribagh had passed a speaking order dated 28.10.2011. The said order was again challenged by the respondent by filing a subsequent original application being O.A .No. 71 of 2012(R) contending that the information given by the Bihar Vidyalaya Pariksha Samity on 09.02.2012 and the certificate of the Deputy Secretary (Vigilance) Bihar Vidyalaya Pariksha Samity issued on 17.12.2011 were not taken into account by the Divisional Engineer, (A&P) by passing the order dated 28.10.2011.;