- (1.) PRAYER in this writ application is for quashing the letter No. BCCL/Moc./2008/ 381 dated 1.6.2008 (Annexure -5), whereby the petitioner was informed of the date of his retirement as 30.11.2008. Further prayer has been made for a direction upon the Respondents to allow the petitioner to continue in service of the Company till he attains the age up to 60 years as per his actual date of birth i.e. 21.2.1951.
(2.) PETITIONER had entered in the service of the Respondent -Company, on 5.3.1980. At the time of his appointment, he was examined by the Medical Board, which had assessed his age as 29 years as on 21.2.1980 and accordingly, his date of birth was entered as 21.2.1951 in his service records including the Form -B Register. Upon his appointment, he was allotted the Employee Personal Number 01110550 and Identity Card as well as P.A.N. Card mentioning the same date of birth. While he remained in continuous service all along, he was served with the impugned letter, whereby he was informed that the date of birth in his service records was mentioned as 3.11.1948 and accordingly, his retirement date, would be 30.11.2008. The petitioner lodged his protest on 29.12.2004, requesting necessary correction by maintaining the same date of birth as entered in his Matriculation Certificate and as recorded in the Form -B Register. His representation was never answered and on the contrary, he was served by the impugned letter.
(3.) MRS . Ritu Kumar, learned counsel for the petitioner would argue that the action of the Respondents is illegal, arbitrary and without jurisdiction and the Respondents cannot be allowed to change the date of birth at the fag end of the petitioner's service and that too behind his back. It is further submitted that such act is illegal also on account of the fact that prior to the proposed change of his date of birth, the petitioner was not served with any show cause notice or any opportunity of hearing. Learned counsel would emphasize that the Form -B Register is a statutory document and the entries made therein, particularly concerning the date of birth, is binding not only on the employee but also on the employer.;