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2007 Supreme(Jhk) 372

M.KARPAGAVINAYAGAM, PERMOD KOHLI
Ramanand Tiwary – Appellant
Versus
Indian Iron And Steel Company Ltd. – Respondent


JUDGMENT

M. Karpaga Vinayagam, C.J.

1. Ramanand Tiwary, the petitioner-appellant, an employee under Indian Iron & Steel Company Ltd., the respondent herein, was informed through letter No. 260 dated 20.12.2005 that he would retire with effect from 31.1.2006 on attaining the age of 60 years. Challenging this letter, the petitioner filed the writ petition seeking for quashing the said letter and for granting a direction to the respondents to treat his date of birth to be 31.12.1950 as contained in his Matriculation Certificate and to permit him to continue in service. The said writ petition was dismissed by the learned Single Judge by the order dated 23.8.2006 holding that as the date of his superannuation fixed by the authorities to be on 31.1.2006 was in accordance with the declaration of the petitioner of his age as 25 years in the Statutory B Form, the impugned letter was justified. Aggrieved by this order of the learned Single Judge, the present Letters Patent Appeal has been filed.

2. The relevant facts for disposal of this appeal are as follows:

The petitioner-appellant was appointed as a General Mazdoor in the company of the respondents on 20.2.1970. After 10 years, on the basis

































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