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2008 Supreme(Jhk) 140

N.N.TIWARI
Baij Nath Mahato – Appellant
Versus
Bharat Coking Coal Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ashutosh Anand.
For the Respondents: Mr. A.K. Mehta.

Order

The petitioner is permitted to make necessary correction in Para-1 of the writ petition.

2. In this writ petition, the petitioner has prayed for a direction on the respondents not to force the petitioner to retire from service before attaining the age of superannuation according to the entry of his date of birth recorded in Statutory Register Form B of the employer-Respondent.

3. Petitioner's case is that he was appointed in the services of the Respondent-BCCL as Miner (Piece Rated) Worker on 7th/12th April, 1977. At the time of appointment, his date of birth was recorded as 20th February, 1957. The said date of birth was also entered in Statutory Form B Register of the Respondent-BCCL. On the basis thereof, the identity card was issued mentioning the said date of birth in other service records as well as the same date of birth has been mentioned.

4. The respondents suddenly sent a notice by Office Order No. 42/3687 dated 18th/22nd April, 2006, whereby the petitioner was intimated that he has to retire with effect from 1st October, 2006, whereas according to his date of birth mentioned in the Statutory Form B Register, the petitioner is due to retire in February, 2017.

5. The peti










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