Pramath Patnaik, J. - (1.) Heard Mr.Sanjay Prasad, learned counsel for the petitioner, and Mr.Amit Kumar Sinha, learned counsel for the respondentB.C.C.L.
(2.) Challenging the office order dated 30.09.2009 issued by the Deputy Chief Personnel Manager, Sijua Area, by which the date of birth of the petitioner, as assessed by the Medical Board, was accepted and recorded in all statutory records of the respondentcompany, the instant writ petition has been filed, interalia, for a direction upon the respondents restraining them from changing the date of birth of the petitioner already recorded in all the statutory records of the respondent-company from 01.05.1965 to 12.03.1952.
(3.) Mr.Sanjay Prasad, learned counsel for the petitioner, has submitted that the impunged order dated 30.09.2009 has been issued by the respondents by unilaterally altering the date of birth of the petitioner from 01.05.1965 to 12.03.1952, which amounts to arbitrary exercise of power. Learned counsel further submitted that by virtue of the impugned order, the interest of the petitioner has been seriously prejudiced and jeopardised as he has lost almost 13 years of valuable service. Learned counsel submits that as the impugned order has been issued without giving any show cause notice, the action of the respondents is in the teeth of the decision rendered by Hon'ble Apex Court in the case of State of Orrisa Vs. Dr. (Miss) Binapani Dei & Ors., 1967 AIR(SC) 1269.;