PRAMATH PATNAIK,J. - (1.) In the instant writ petition, the petitioner has prayed for a direction upon the respondents to constitute a Medical Board for assessing the age of the petitioner in pursuance of the order dated 13.08.2012 passed by this Court in W.P.(S) no. 3878 of 2010. The petitioner has further prayed for quashing the order dated 06.02.2013 vide Annexure-4 to the writ petition.
(2.) The brief facts, as disclosed in the writ petition, are that earlier the petitioner approached this Court in W.P.(S) no. 3878 of 2010, which was disposed of vide order 13.08.2012 with a direction to treat the writ petition as a representation along with its annexures and decide the claims made in the writ petition in accordance with law, rules, regulations, policies and Government enforceable orders applicable to the petitioner, as is evident from annexure-1 to the writ petition. In deference to the aforesaid direction, the petitioner submitted his representation on 12.09.2012 and the same was rejected vide order dated 06.02.2013 (Annexure-4 to the writ petition), which is impugned in this writ petition.
(3.) During course of hearing, learned counsel for the petitioner submits that the respondents mis-interpreting the order passed by this Court dated 13.08.2012 in W.P.(S) no. 3878 of 2010 have rejected the claim of the petitioner on legally untenable ground without taking into consideration the school certificate, which is a conclusive proof of age. Learned counsel further submits that the action of the respondents No. 2 amounts to violation of Articles 14 and 21 of the Constitution of India. During course of hearing, learned counsel has referred to rejoinder/reply to the counter affidavit filed on behalf of respondents, wherein it has been submitted that the ground of turning down the claim of the petitioner is because of crossing the age of 35 years at the time of death of his father, as per service excerpts of the ex-employee. It has been further submitted that since the father of the petitioner was illiterate person, therefore, the petitioner is relying on other relevant documents like voter ID Card, School Leaving Certificate etc. By referring to the educational certificate, learned counsel for the petitioner submits that as per the said certificate, the date of birth of the petitioner was 16.04.1982 and that certificate has been issued prior to the death of his father i.e. 24.04.2007. Learned counsel for the petitioner further submits that the very purpose of appointment on compassionate ground has been defeated in view of impugned order vide Annexure-4 to the writ petition.;