1. THIS application has been filed in connection with the appeal preferred from the order dated 8th April, 2011 whereby and where under a learned Judge of this Court refused to pass any interim order.

2. THE learned Advocate representing the appellant/petitioner submits that the respondent authorities particularly the Manager Nabakajora Colliery issued notice of superannuation dated 24th January, 2011 without appreciating the actual date of birth recorded in the service records of the appellant/petitioner. Mr. Ashoke Chakraborty, learned Senior Counsel representing the appellant/petitioner invites our attention to the last pay certificate issued by the respondent Colliery wherein the date of birth of the appellant/petitioner has been specifically mentioned as 4th June, 1959.

3. MR. Chakraborty also relied on the school leaving certificate issued by the Headmaster, Gopalpur High School, Burdwan wherein the date of birth of the appellant/petitioner has been recorded as 4th June, 1959. The aforesaid school leaving certificate was issued by the Headmaster on 24th May, 1978 i.e. prior to the engagement of the appellant/petitioner in the employment of the Eastern Coal Fields Ltd.