- (1.) Petitioner in this writ application has prayed for a writ in the nature of certiorari for quashing the impugned letter No. Q-376/Pt/45 at JSR dated 24.09.2005, issued by the Respondent No. 3, whereby the petitioner has been informed that he would be retiring from service with effect from 31.08.2006 and calling upon him to submit his Pension papers, although, according to the petitioner, he would be completing the age of retirement of 60 years, according to his date of birth, on 02.08.2010.
(2.) Earlier the petitioner had filed his application before the Central Administrative Tribunal, Patna Bench, Patna Circuit Bench at Ranchi vide O.A. No. 131 of 2006. His application was, however, dismissed as withdrawn on 24.08.2006 with a liberty to approach the appropriate forum for redressal of his grievance.
(3.) The case of the petitioner in brief is that he has joined his service under the Indian Posts and Telegraph Department as Line Man on 18.06.1970. At the time of his initial appointment, he had declared his date of birth as 02.08.1950 based on the School Transfer Certificate of Class-VIII, which was issued by the concerned School, namely, Moni Baba High School, Baghi, Sahabad, Bhojpur now known as High School, Baghi, District-Bhojpur. The above date of birth was entered in the service records of the petitioner and the identity-card, issued to him also records his date of birth as 02.08.1950. A Fresh Identity-card was issued to him, subsequently on his promotion to the post of Senior T.O.A. (G), maintaining the same date of birth, i.e. 02.08.1950. On his subsequent promotion, as S.S. (O), he was again issued a fresh Identity card bearing the same date of birth. In the year 1982 a controversy arose regarding the genuineness of the petitioner s date of birth. An enquiry was conducted by the Respondent-authorities in course of which, the School authorities were also enquired and confirmation letter was obtained from them dated 07.08.1982 to the effect that the date of birth of the petitioner as entered in the School records was 02.08.1950. The above fact, obtained in course of enquiry, was also communicated to the petitioner by the Divisional Engineer, Telecommunication, Jamshedpur Division, Jamshedpur vide letter dated 12.10.1982 (Annexure-8).;