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2023 Supreme(Chh) 713

RAJANI DUBEY
Kanhaiyalal Yadav S/o Thul Sai – Appellant
Versus
South Eastern Coalfields Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rajendra Tripathi.
For the Respondent: Vaibhav Shukla.

ORDER :

1. The present writ petition has been preferred by the petitioner praying for the following reliefs:

    “(I) That, this Hon'ble Court may kindly be pleased to direct the respondent SECL to accept the actual date of birth of the petitioner as 20/4/1953 and accordingly declare the date of retirement of the petitioner i.e. 31/12/2007 as void and further fix his date of superannuation as 31/3/2013 on attaining the age of 60 years, because on account of cavalier manner of the respondent SECL the radiologist report in respect of the petitioner has been misplaced.

(II) That, this Hon'ble Court may kindly be pleased to direct the respondent SECL to make payment of entire salary and all other allowances for the period from 31/12/2007 to 31/3/2013 along with consequential benefits.

(III) Any other relief, which this Hon'ble Court deems fit and proper, along with cost of the petition may also kindly be granted to the petitioner, in the interest of justice.”

2. Brief facts of the case are that the petitioner was working as Driver in SECL and got retired on 31.12.2007 as per his date of birth recorded in service book as 01.01.1948, whereas according to the petitioner, his date of birth was 20.0

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