The writ petition was preferred by the petitioner for direction on the Respondents to refund the amount of Rs. 72,087.76 ps. illegally withheld from Gratuity and other voluntary retirement benefit of petitioner.

2. According to the petitioner, he was in the services of Respondent-Central Coalfields Ltd. (C.C.L.) 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 as 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 terminal 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 (sic-60 ?) years. Thereby, a person can continue in the service for a maximum of 42 years under the Company.

6. Admittedly, there was no minimum age prescribed by the Respondents when the petitioner was appointed on 23rd November, 1958. Thereby, it cannot be construed that the petitioner was appointed at the age of 18 years and/or when he was more than 18 years.

7. Similar case fell for consideration before a Division Bench of Patna High Court in Mokhtar Ahmad vs. B. S. Road Transport Corporation, reported in 1995(1) PLJR 183. Therein the employee was asked to be superannuated on completion of 40 years of service.

8. Similar plea was taken that a person who is engaged on daily wage at the age of 18 years and he was to superannuate at the age of 58 years and thereby for a maximum of 40 years, such person can be engaged in service.

9. The High Court of Patna taking into consideration the provisions of Rule that no lower age limit was fixed and under the Rule such person is to continue till he attains the age of superannuation, held such decision as incorrect and bad in law.

10. In the circumstances, the Respondents cannot deduct any amount or adjust from the salary of the petitioner on the ground that he has worked for more than 11. (eleven) months beyond the period of retirement..

11. The Respondents are, accordingly, directed to refund the amount of Rs. 72,087.76 ps. already withheld/adjusted immediately, but not later than a period of one month from the date of receipt/production of a copy of this order, failing which they will be liable to pay interest @ 10% to be calculated from the date of retirement, till the same is being paid.

12. The writ petition stands disposed of with the aforesaid observations and directions.