Per Amitav K. Gupta, J :

1. The instant Letters Patent Appeal is directed against the order dated 28.03.2006, passed in W.P.(S) No.6314 of 2005, whereby the writ petition of the appellant, for quashing the letter dated 18/23-07-2005, issued by the respondents intimating him that he would be superannuating from service w.e.f. 31.12.2005, was dismissed.

2. The brief facts of the case is that the appellant was appointed in Bharat Cocking Coal Limited (in short B.C.C.L) in the year 1970 as an underground labourer and he became permanent employee of the management in the year 1980 and he was posted as surface employee in the same year; that vide letter dated 3/04-02-1986 (Annexure – 1) the appellant was regularized as dresser in Technical Grade “H”. It is stated that at the time of appointment the appellant had mentioned his date of birth as 04-02-1952 on the basis of the matriculation certificate granted to the appellant in the year 1966 by the Bihar School Examination Board (Annexure – 2); that he was matriculate at the time of appointment and he was not questioned by the appellant regarding the entry made with respect to the date of birth; that he was issued service excerpts