R.R.PRASAD, J. - (1.) AS per the case of the petitioner he was initially appointed on 1.4.1973 in the establishment of Central Coal Field Limited. At the time of his appointment, date of birth of the petitioner was recorded as 9.1.1951. Subsequently, in the year 1986 -87 service excerpt containing particulars of the petitioner including the date of appointment and the date of birth, was served so that objection be taken with respect to particulars if recorded incorrectly. In the service excerpt, date of birth of the petitioner was shown as 9.1.1951 which had correctly been recorded and hence, no objection was raised by the petitioner. As per the entry of the date of birth, petitioner was supposed to retire on his superannuation in the year 2011 but suddenly a notice dated 7.3.2005 was communicated to the petitioner whereby it was intimated to the petitioner that due date of superannuation is 31.1.2006 as the date of birth as recorded is 9.1.1946. On receiving the same, the petitioner made representation taking objection that date of birth has wrongly been recorded as 9.1.1946 as the correct date of birth is 9.1.1951 which had been accepted by the respondent while serving the service excerpt. But no order was passed, rather the petitioner was made to retire on 31.1.2006. Under this situation, this writ application has been filed wherein prayer has been made to quash the notice dated 7.3.2005 issued by the Project Officer, Sounda 'D' Colliery, Central Coal Field Limited, respondent No. 4 as contained in Annexure 2 intimating therein the date of retirement as 31.1.2006 and further to direct the respondent to allow the petitioner to continue in service till January, 2011 and to give all consequential benefits.
(2.) STAND of the respondents as has been taken in the counter affidavit is that the petitioner on being appointed on 1.4.1973 was posted at Saunda 'D' Colliery under Barka Sayal Area as Trammer and at the time of opening of the service record, date of birth of the petitioner was recorded as 29 years as on 9.1.1975 wherein petitioner had put his thumb impression. Age of the petitioner at the time of opening of the service record was assessed by the Age Committee. Accordingly, date of birth was recorded as 2.1.1946 in the Statutory 'B' Form Register over which petitioner's thumb impression is there denoting the acceptance of the date of birth by the petitioner. In due course, superannuation notice dated 7.7.2005 was issued to the petitioner intimating therein about the date of superannuation as 31.1.2006. Accordingly, the petitioner got retired on 31.1.2006 and thereupon the petitioner made representation for release of his gratuity without taking any objection over his retirement on superannuation. Still this writ application has been filed for directing the respondent to allow the petitioner to continue in service till January, 2011 on the basis of entry made in the service excerpt as 9.1.1951 but said date in view of the entry made in service record as also in 'B' Form Register apparently appears to be incorrect and therefore, this writ application is fit to be dismissed. Learned Counsel appearing for the petitioner submits that admittedly the date of birth of the petitioner has been recorded as 9.1.1951 in the service excerpt and thereby petitioner was supposed to retire in the year 2011 but the authority without giving any opportunity to the petitioner to have his say in the matter, made the petitioner to retire on 31.1.2006 and hence this action of the respondent is not only arbitrary, illegal but it is also against the principle of natural justice and therefore, the decision of the authority under which the petitioner was made to retire on 31.1.2006 is quite illegal.
(3.) LEARNED Counsel in support of her submission that any change made in the date relating to date of birth without giving any show cause is quite bad has referred to a decision rendered in a case of State of Orissa v. Dr. (Miss) Binapani Dei and Ors. (1967)IILLJ266SC .;