ANIL KUMAR CHOUDHARY,J. - (1.) Heard the parties.
(2.) This writ application has been filed by the petitioner with a prayer to quash the letter/notice issued under Memo No. 805 dated 29.5.2013 (Annexure-2) by respondent no. 4, whereby and whereunder, respondent no. 4 has according to the petitioner illegally and arbitrarily fixed 31.10.2013 as the date of superannuation of the petitioner ignoring the actual date of birth entered in the service book and other allied documents.
(3.) Learned counsel appearing for the petitioner submits that though in paragraph-10 of the counter affidavit, it has been mentioned that the petitioner was much qualified and Form-B Register was duly signed by the petitioner but from page-14 (Annexure-A) of the counter affidavit, it appears that the petitioner has put thumb impression in the signature or thumb impression column of the said register which shows that he is an illiterate person. Learned counsel for the petitioner further submits that Annexure-1, which is the Identity Card issued by the respondents, shows the date of birth of the petitioner to be 10.10.1958 and Annexure-4, which is the information, supplied by the respondent no. 4 under Right to Information Act, shows the date of appointment of the petitioner as 30.10.1980 and in the information furnished by Maheshpur Colliery the date of birth has been mentioned as 22 years in the year 1980, which fact supports the claim of the petitioner that his date of birth is 10.10.1958. Further, vide Annexure-4, respondent no. 4 has also informed that the date of birth of the petitioner has been mentioned as 10.10.1958 in the following documents:- (i) second Form-B Register; (ii) CMPF Register; (iii) Identity Card; (iv) Service Record and (v) List of employees sent by Govindpur Colliery to the System Department of BCCL-respondent no. 1. ;