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2008 Supreme(Jhk) 1057

RAKESH RANJAN PRASAD
Gobardhan Mahto – Appellant
Versus
Bharat Coking Coal – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Shailesh and L.C.N. Shahdeo, Adv.
For Respondents/Defendant: Anoop Kumar Mehta, Adv.

ORDER

R.R. Prasad, J.

1. This application has been filed for issuance of a writ in the nature of certiorari for quashing the office order as contained in memo No. 134 dated 25.4.2006 (Annexure 3) issued by respondent No. 4 whereby and whereunder petitioner was made to retire on 30.11.2006 taking the date of birth of the petitioner as 21.11.1946 which was never recorded in Form 'B' register or in other service excerpt, rather in those documents age of the petitioner has been recorded as 32 years as on 13.1.1981.

2. The case of the petitioner is that the petitioner was employed on 30.1.1981 in Lohapati Colliery, a unit of M/s. Bharat Coking Coal Limited as under ground Trammer. Thereupon, service excerpt was prepared on 22.3.1987 wherein age of the petitioner was recorded as 32 years as on 13.1.1981 in Form 'B' register. Accordingly, in the identity card the same age was recorded but all on a sudden, the petitioner was served with a notice on 25.4.2006 as contained in Annexure 3 whereby petitioner's date of birth was shown as 21.11.1945 and the date of retirement on superannuation was shown as 30.11.2006. Immediately thereafter petitioner lodged a written protest to the respondent but w












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