Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner was appointed on 15.4.1974 as Piece Rated Worker on temporary basis subject to medical fitness to be certified by the Medical Officer of the Corporation and age being 18 years and above and also upon verification of his antecedents. He has challenged his superannuation notice dated 25.8.2012(Annexure -2) issued by the Project Officer, Moonidih Coal Washery under the respondent - Bharat Coking Coal Limited, Dhanbad by which, he has been informed of his retirement on 28.2.2013 as per his date of birth recorded in the official records as 8.2.1953.
(3.) Learned counsel for the petitioner submits that petitioner has illegally been superannuated on the basis of wrong date of birth recorded in his official records at the relevant point of time, though as per the submission made at para 8 of the counter affidavit, the respondents themselves say that in the appointment letter, the expression used is '18 years and above' to be certified by the Medical Officer, which could be relevant month and date of the year 1956 as he was appointed in the year 1974. However, without any rationale, his date of birth has been shown as 8.2.1953, 3 years more than his correct date of birth, as per which, he should have retired in 2016.;