S.J. Mukhopadhyaya, J.

1. The writ petition was preferred by petitioner for direction on the respondents to refund the amount of Rs. 72,087,76 ps. illegally withheld from gratuity and other voluntary retirement benefits of petitioner.

2. According to the petitioner, he was in" the services of respondent-Central Coalfields Ltd. (CCL) and obtained voluntary retirement in terms with V.R. Scheme.

3. The respondents though properly sanctioned the amount on such retirement, but a sum of Rs. 72,087.76 ps. was illegally withheld.

4. The respondents in their counter affidavit have accepted that the petitioner retired under V.R. Scheme w.e.f. 20th August, 1999. However, plea has been taken that the date of birth was recorded as 26th October, 1941 and the date of appointment was 23rd November, 1958. On the basis of date of appointment, the petitioner having found to have worked for 42 years 11 months and 3 days and as no person can work more than 42 years, the excess payment made has been adjusted from the retiral benefits.

5. According to the counsel for the respondents, a person is supposed to be engaged at the age of 18 years and superannuated at the age of 62 years. Thereby, a person can