PRAMATH PATNAIK,J. - (1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing office order dated 14.05.2002 whereby the petitioner was served with a notice of superannuation w.e.f 30.06.2002, which is contrary to his date of birth and further prayer has been made to direct the respondents to allow the petitioner to continue in his service as per the date of birth mentioned in Statutory Form-B.
(2.) Bereft of unnecessary details, the facts in nutshell is that the petitioner was initially appointed on the post of Electrician in the year 1971. It has further been averred that after joining the said post, he was issued Identity Card, wherein his date of birth was mentioned as 01.07.1949 and further in the Statutory Form-B register also his date of birth was mentioned as 01.07.1949. But, to the utter shock and surprise, the petitioner was served with notice of superannuation dated 14.05.2002 w.e.f 30.06.2002. Immediately, thereafter the petitioner made a protest by filing protest petition on 05.04.2002 but it did not fetch any fruitful result. Thereafter, the petitioner raised the issue before 'Koyla Ispat Mazdoor Panchayat', whereupon the General Secretary of the Union raked up the issue of correction of date of birth of the petitioner and accordingly the matter was discussed between the respondents and representative of the 'Koyla Ispat Mazdoor Panchayat'. In the meeting, it is alleged that though it was decided that the matter of date of birth would be looked into taking into account the date of birth mentioned in Form B register and accordingly action would be taken but no action was taken and in the meantime, the petitioner superannuated from the services, prior to attaining the original age of superannuation. Being aggrieved, the petitioner has approached this Court invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for redressal of his grievances.
(3.) Heard Mr. Shailesh, learned counsel for the petitioner and Mr. Anoop Kumar Mehta, learned counsel for the respondents.;