Pramath Patnaik, J. - (1.) In the accompanied writ application the petitioner has inter alia prayed for quashing of order dated 08.07.2009 (Annexure 8) passed by Project Officer, Sendra Bansjora Colliery -respondent No. 6 communicating the petitioner to superannuate w.e.f. 01.08.2009 and for quashing order dated 27/29.01.2009 (Annexure 7) passed by respondent No. 6 pertaining to dispute of date of birth and also for direction upon the respondents to allow the petitioner to resume the duty of Mining Sirdar in concerned Colliery and for all consequential benefits.
(2.) The brief facts, as disclosed in the writ application, is that the petitioner was initially appointed on 17.10.1971 as per company entry and prior to that the petitioner was working as a Pump Khalasi in private colliery and after taking over by respondent No. 1 became the employee of the said Management. It has been submitted in the writ application that the petitioner being non -matric had passed Class VII examination from the then Bihar School Examination Board, Patna wherein date of birth of the petitioner has been mentioned as 20.09.1952. During course of employment, the petitioner appeared in the Mining Sirdar examination conducted by the Board of Mining and passed the same in the year 1978, wherein also the date of birth of the petitioner has been mentioned as 20.09.1952. It has been submitted that there was wrong entry of date of birth of the petitioner in the service excerpts and on the request of petitioner the same was corrected as 20.09.1952 instead of 13.07.1949 on the basis of Sirdar Certificate of 1978. Learned counsel for the petitioner further submitted that the Identity Card of Mining Sirdar and PAN Card also reveal the date of birth of the petitioner as 20.09.1952. Learned counsel for the petitioner further submitted that as Implementation Instruction No. 76 of the NCWA III, it is decided that in case of non -matric employee, Mining Sirdar Certificate is an authentic document for date of birth. But to the utter dismay of the petitioner on 06.12.2008 the petitioner was directed by respondent No. 5 to submit Admit Card, Matriculation Certificate as such the petitioner produced the Board Certificate of Class VII and Admit Card of Board Examination alongwith Mining Sirdar Certificate. It has been submitted that without giving any opportunity of hearing, the respondent No. 5 passed a non -reasoned and non -speaking order on 27/29.01.2009 rejecting the claim of the petitioner for his genuine date of birth. Thereafter, all of a sudden on 08.07.2009 the respondent No. 6 issued general office order regarding last information for superannuation, in which, petitioner's name stands at Sl. No. 3 taking into consideration his date of birth as 13.07.1949.
(3.) Being aggrieved by the impugned order dated 08.07.2009 (Annexure 8) passed by Project Officer, Sendra Bansjora Colliery -respondent No. 6 and order dated 27/29.01.2009, the petitioner left with no alternative, efficacious and speedy remedy has approached this Court invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for redressal of his grievances.;