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2008 Supreme(AP) 539

L.NARASIMHA REDDY
Kotte Rajam – Appellant
Versus
Singareni Collieries Company Ltd. – Respondent


Advocates appeared:
Counsel for the Petitioner: MR.K.VASUDEVA REDDY
Counsel for the Respondents: MR.NANDIGAM KRISHNA RAO

ORDER:

The petitioner joined the service of Singareni Collieries Company Limited on 28.05.1976 as Badili Filler. Since he was an illiterate, he was subjected to medical examination in the context of assessment of his age. In all his service records, such as, B-Register, Service Book and Identity Card, it was mentioned that his age is 25 years, as on 28.05.1976. On that basis, the petitioner is entitled to remain in service up to 27.05.2011.

2. The petitioner submitted an application under Voluntary Retirement Scheme (V.R.S.). While processing it, the respondents asked the petitioner to stop coming to the work. According to them, the medical examination report prepared in the year 1976 discloses that his age is 28 years and by mistake, it was mentioned in various service records as 25 years. The respondents also sought to subject the petitioner to medical examination for reassessment of the age. This writ petition is filed assailing the action of the respondents in restraining the petitioner from performing his duties with effect from 12.06.2006 and for other consequential benefits.

3. The respondents filed a counter-affidavit stating that in the medical examination report prepared





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