Pramath Patnaik, J. - (1.) Heard Mr.M.B.Lal, learned counsel for the petitioner and Mr.Dubey, learned counsel appearing for the respondent-B.C.C.L.
(2.) Challenging the letter No.1922 dated 22/23.12.2006 at Annexure '4 to the writ petition issued by the Area Personnel Manager, by which the petitioner has been asked to abstain from rendering duty, the petitioner has filed this writ petition with the prayer for quashing the same and to direct the respondents to release the entire salary upto 30.04.2007 along with gratuity as admissible under law.
(3.) Learned counsel for the petitioner has submitted that in the year 1962, the petitioner was appointed on the post of Stationery In-charge and at the time of his appointment he was an appearing candidate of matriculation examination and as per matriculation certificate, his date of birth was 05.04.1947 and in his service excerpt the same date of birth was recorded. It is submitted that the respondent-Dy.Chief Personnel Manager, vide his letter dated 09.10.2006 at Annexure - 3, intimated the petitioner that he would be superannuating with effect from 30.04.2007 and thereafter the Area Personnel Manager, vide letter No.1922 dated 22/23.12.2006 at Annexure -4, stopped the petitioner from rendering duties with immediate effect on the ground that as no person can be inducted in the Coal Mines as per the provisions of the the Mines Act, the petitioner, having attained the age of 18 years, was appointed on 16.04.1962 and as such, he would be superannuating on 16.04.2004 and thus, the petitioner was forcefully superannated due to the said reason, vide Annexure -4.;