PRAMATH PATNAIK, J. - (1.) In the accompanied writ application, the petitioner has interalia prayed for quashing the order dated 06.02.2009 whereby the petitioner has been asked to retire on 01.08.2009 on the basis of a fictitious date of birth which is contrary to the date of birth mentioned in the School Leaving Certificate duly verified by the respondents. The petitioner has further prayed for reinstating him in service with back wages.
(2.) The brief facts as has been described in the writ application is that the petitioner joined service in the year 1982 in view of the appointment letter issued to him dated 30.01.1982 containing various terms and conditions. After complying the said terms and conditions, the petitioner got his first posting as Trainee Auto Electrician at Jogta Fire Project vide office order dated 14.05.1982. Inadvertently, at the time of joining, the date of birth was wrongly recorded as 03.07.1949 though, his date of birth as per School records was mentioned as 03.07.1954.The petitioner was not aware of the fact that his date of birth has been wrongly recorded in the Form-B and service excerpt. After coming to know about the erroneous entry, the petitioner immediately submitted representation for correction of date of birth by Annexure-3 to the writ application. It has further been averred that the petitioner received the impugned retirement notice dated 06.02.2009 and he came to know that his date of birth has been wrongly entered into the Form-B and the service excerpt as 03.07.1949 has not been corrected and as such the petitioner was asked to retire on 01.08.2009 as per the retirement notice dated 06.02.2009 vide Annexure-4. After receipt of the said retirement notice, the petitioner through Union Rashtriya Colliery Mazdoor Sangh preferred representation.Thereafter, the petitioner was asked to submit School Leaving Certificate as per implementation instruction 76 of the National Coal Wage Agreement and the petitioner deposited the transfer certificate issued to him prior to his joining BCCL i.e. 03.07.1979 and thereafter, School Leaving Certificate was sent for verification before the concerned school and the concerned school vide letter dated 11.06.2010 gave a certificate that indeed the transfer certificate no.73 dated 03.07.1979 was issued by the school wherein the date of birth of the petitioner has been mentioned as 03.07.1954. But to the utter surprise the petitioner was informed vide order dated 27.12.2011 that his case for correction of his date of birth has been rejected by the respondents on account of fact that correction of date of birth on the basis of School Leaving Certificate is not covered under the provisions of 1.1.76. It has further been averred that the case of petitioner is squarely covered by the Implementation Instruction No.76 as per Annexure-9 to the writ application. Being aggrieved by the impugned retirement notice, the petitioner left with no other alternative remedy, has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of his grievances.
(3.) Learned counsel for the petitioner has strenuously urged that the respondents should have determined the date of birth basing on the School Leaving Certificate but not in the erroneous entry made in the Form-B register. Therefore, the action of the respondents in prematurely retiring the petitioner amounts to arbitrary exercise of power being violative of Article 14 and 16 of the Constitution of India.;