Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has inter alia prayed for direction upon the respondents to accept and affirm the date of birth of the petitioner as 2.1.1950 on the basis of which he has been granted voluntary retirement with effect from 24.5.2003 and for direction to the respondents to calculate all the terminal claim and compensations which are payable to the petitioner under the benefit of voluntary retirement scheme, on the basis of the aforesaid date of birth i.e. 2.1.1950 and refund all the amount deducted from the salary of the petitioner as per month under Government family pension scheme.
(2.) The brief facts, leading to filing of the writ application is that the petitioner was initially appointed as 'Security Guard' on casual basis vide letter dated 29.11.1968, issued under the signature of Personnel Officer, Fertilizer Corporation of India Limited, and he joined the same on 14.12.1968. Thereafter, services of the petitioner was taken in the permanent establishment of the Planning and Development Division of the Fertilizer Corporation of India Ltd. Thereafter the petitioner was promoted to the post of AZO-Helper in the Mechanical Department with effect from 18.10.1973. Since the petitioner was non matriculate while entering into service, he appeared in "Praveshika Examination' in the year 1973, (equivalent to matriculation) conducted by Hindi Vidyapith, Deoghar and certificate of the same is annexed as Annexure-1 to the writ application. Subsequently, the petitioner was promoted as Azo-Printer Grade II (Mechanical), Azo-Printer Grade I (Mechanical), Senior Printer (Mechanical) and Assistant Foreman (D) with effect from 1.8.2001. The petitioner was posted under Projects and Development India Ltd at Sindiri. In the year 2002 Voluntary Retirement Scheme was floated by the Personnel and Administrative Department of PDIL and applications were invited from the employees of the PDIL as per Annxure-2 to the writ petition. In pursuance to the said scheme the petitioner submitted an application dated 11.3.2003 for voluntary retirement from the services of PDIL vide Annexure-4 to the writ petition and the application of the petitioner for grant of voluntary retirement was accepted by the management and the petitioner was permitted to be released from the services of the company with effect from 24.5.2003 as per Annexure-5 to the writ petition. After voluntary retirement from the company since all the retirement benefits was not paid to the petitioner on the ground of the disputed date of Birth, the petitioner submitted series of representations annexing the relevant documents staking his claim on date of birth to be 02.01.1950. To the utter surprise the petitioner received the letter dated 13.05.2008 issued by the Deputy Manager (P & A) PDIL, Sindri whereby he has been informed that since he has completed 58 years of age, as such he is not eligible to get pension under the EPS 1995, as per Annexure-8 to the writ petition. Being aggrieved by the unilateral decision of the respondents, the petitioner left with no alternative approached this Court under Article 226 of the Constitution of India for redressal of grievance.
(3.) Learned counsel for the petitioner during course of hearing has strenuously urged that the respondents have unilaterally taken decision for accepting his date of birth as 11.09.1946 in spite of the facts that petitoner has submitted the relevant documents regarding date of birth to be 02.01.1950. The action of the respondents smacks of arbitrary exercise of power. Learned counsel for the petitioner further submits that it is settled position of law that the respondent company could not have altered the date of birth of the petitioner without complying the principles of natural justice.;