- (1.) THIS appeal is, at the instance of the writ petitioner, whose writ petition, being W.P. (S) No. 682 of 2002, was dismissed by the leaned Single Judge by judgment and order dated 18th May, 2004.
(2.) ACCORDING to the writ petitioner -appellant, he was appointed as Dozer/ Scraper Operator by the respondents in the year 1975, and at the time of his joining, he gave his date of birth, which was recorded in Form 'B ' Register as well as in the other Statutory Register maintained in Colliery, as 4th November, 1945. He was also issued Identity Card wherein his date of birth was shown as 4th November, 1945. It appears that the respondents floated Voluntary Retirement Scheme for which the writ petitioner -appellant also applied, but by a communication dated 20th October, 2001, the petitioner was informed that his application for Voluntary Retirement Scheme had been referred to the Date of Birth Committee and after examination of his case, it was found that the date of birth of the petitioner was 45 years on 21 st July, 1945 i.e. 21st July, 1941. The date on which the petitioner was said to have attained 45 years has obviously mistakenly been referred as 21st July, 1945 when it should have been 21st July, 1986. On the basis of the above, the writ petitioner -appellant was informed that his application for voluntary retirement .could not be entertained and the petitioner was informed that he was being put off the roll of the Company and was being stopped from duty with immediate effect.
(3.) THE writ petitioner -appellant challenged the said communication and the action of the respondents in the writ petition which was ultimately dismissed by the learned Single Judge on the ground that the Court was not called upon to interfere with the finding of the Medical Board which assessed the age of the writ petitioner as 45 years on 21st July, 1986.;