PRAMATH PATNAIK,J. - (1.) In the instant writ application, the petitioner has inter alia prayed for quashing letter dated 31.10.2007 whereby the petitioner was informed that he would be attaining the age of sixty years on 28.02.2008 and hence he would be retired with effect from that date and further prayer has been made for direction upon the respondents to correct the date of birth in conformity with the entry made in statutory Form-B record and NEIS (Non-Executive Information System).
(2.) Learned counsel for the petitioner submits that the petitioner was employed in BCCL as an Electrician in the year 1971. In the year 1987, he was issued service excerpts by the Management giving his personal details, wherein rightly his date of birth was given as 20 years as on 01.01.1977 meaning thereby his date of birth was 01.01.1957. Thereafter, the management prepared a Centralized Service detail of employees, which was known as Non-Executive Information System (in short 'NEIS'), wherein also his date of birth was shown as 01.01.1957 and basis of entry in NEIS was stated to be Form-B register. Learned counsel for the petitioner further submits that because of entry made in service excerpt and NEIS, the petitioner has every reason to believe that he is going to retire in the year 2017. But, the all of a sudden, the petitioner was served with a letter dated 31.10.2007 informing him that he is going to superannuate w.e.f 28.02.2008 on completion of age of sixty years. Learned counsel for the petitioner submits with vehemence that service excerpts and NEIS, the basis of which is statutory Form-B register, is the documents prepared and maintained by the respondents-Management, which the respondents cannot deny. In such view of the matter, the impugned letter dated 28.02.2008 is bad in law and is liable to be quashed.
(3.) As against this, learned counsel appearing for the respondents - BCCL submits that there is no dispute relating to date of birth of the petitioner, as it has consistently been recorded as 01.02.1948, which has duly been acknowledged by the petitioner. Learned counsel for the respondents submits that at the time of initial appointment, the date of birth of petitioner was recorded in Old Form-B Register as 01.02.1948, on which, for authentication, the petitioner has put his signature, as evident from Annexure A to the counter affidavit. Thereafter, when the petitioner was transferred from Industry Colliery to Dhansar Colliery, where also his date of birth in Form - B was recorded as 01.02.1948 and in token thereof, he again put his signature at the relevant place, as evident from Annexure B to the counter affidavit and thereafter again on transfer to other collieries, his date of birth was recorded as 01.02.1948 in Form-B Register and declaration that the contents in the Form are correct, the petitioner put his signature without any demur. Learned counsel for the respondents further submitted that entries made in N.E.I.S does not have any statutory force, hence, the entries made therein, which is not made on the basis of Form-B Register, is not acceptable and the entries made in Form-B register is binding on the parties.;