PERMOD KOHLI, J. - (1.) PETITIONER with effect from 01.07.1998 forenoon on the ground that the petitioner has attained the age of superannuation of 60 years on 30th June, 1998.
(2.) ACCORDING to petitioner, his date of birth is 01st July, 1942. It is also mentioned that his elder brother, Mr. Narayan Singh is also working as a Supervisor in C.C.L., he is five years older than him and his date of birth is recorded as 02nd February. 1937. Petitioner joined the service of the Respondent -Company on 01st April, 1961. It is stated that petitioner came to know of recording of his date of birth as 01st July, 1938, when he was asked to make representation in respect to the entries made in the service record, copy whereof was also forwarded to the petitioner. A copy of the service record is placed as Annexure -1 with the writ application. In this document the date of birth of the petitioner is recorded as 01st July, 1938. Petitioner claims to have made representations dated 09th March, 1990, where he claimed his date of birth as 01st July 1942. It is also alleged that representation of the petitioner was forwarded for consideration. Another representation was made on 06.01.1992 but no action was taken by the Respondents and petitioner was retired by the impugned order. The Respondent -Company has taken a categorical stand that as per the date of birth recorded in the service book prepared by the National Coal Development Corporation Limited, the date of birth of the petitioner is 01.07.1938. Further stand of the Respondent is that the petitioner has received the retrial benefits without any objection.
(3.) MRS . M.M. Pal, learned Counsel appearing for the petitioner has referred to Annexure -3, whereby the dispute was referred to the higher authorities making some observation of some interpolation, overwriting in the records. She has further relied upon Annexure -1, whereby the concerned employee was asked to make representation.;