S.J. Mukhopadhaya, J.

1. This application was preferred by the petitioner against the order dated 21st January, 2000, whereby and whereunder, he was given notice of superannuation with effect from 10th July, 2003, as the petitioner will complete 42 years of service in the Company.

2. Admittedly, the petitioner was appointed as Sweeper on daily wage on 10th July, 1961 in the Giddi Colliery under Central Coal Fields Ltd. (CCL), earlier known as NCDC.

3. Subsequently, he was appointed as Truck Clearner Category-II in the regular scale on 12th July, 1976.

4. According to the petitioner, the copy of the service record was supplied to him in the year 1988, wherein the date of birth mentioned, as 3rd July, 1950.

5. According to the age of superannuation, the petitioner is to superannuate from service in July, 2010, when he will attain 60 years of age.

6. The counsel for the respondents submitted that a person is supposed to have been appointed at the age of 18 years and age of superannuation being 60 years, at best, the employee can continue in service for about 42 years (maximum). As the petitioner will complete 42 years of service on 10th July, 2003, he was asked to superannuation, vide