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2014 Supreme(AP) 640

L.NARASIMHA REDDY, CHALLA KODANDA RAM
Rolla Sathaiah – Appellant
Versus
Singareni Collieries Company Limited – Respondent


Advocates appeared:
For the Appellant:A.K. Jayaprakash Rao, Advocate.
For the Respondents:Nandigama Krishna Rao, Advocate.

Judgment :

LNR, J.

This writ appeal is filed by the petitioner in W.P.No.21218 of 2013. The writ petition was dismissed by the learned Single Judge, through order, dated 28.02.2014.

For the sake of convenience, the parties are referred to as arrayed in the writ petition.

The petitioner joined the service of the respondents-company on 26.02.1978 as Badli Coal Filler and was promoted as Coal Filler on 01.07.1979. He has also earned further promotions, the latest being the one of A-Grade Senior Mining Sirdar in the year 2006. The Age of retirement in the 1st respondent-company for the employees of that category is 60 years. The age of the petitioner was mentioned as 24 years, when he joined service, thereby the year of birth would be 1954. At a later point of time, the petitioner submitted certain certificates, which reflected date of birth as 13.08.1957. It is also stated that the petitioner appeared in the examinations conducted under the provisions of the Mines Act and in all of them, the date of birth was mentioned as 13.08.1957.

The respondents proposed to retire the petitioner with effect from 28.02.2014, on attaining the age of superannuation on the basis of the date of birth/a












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