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2021 Supreme(Jhk) 958

S.N.PATHAK
Tetari Devi – Appellant
Versus
Bharat Cocking Coal Limited, a subsidiary of Coal India Limited having its registered office at ‘Koyla Bhawan – Respondent


Advocates Appeared:
For the Petitioners:Mr. A.K. Sahani, Advocate
For the Respondents:Mr. A.K. Das, Advocate

JUDGMENT :

S.N. Pathak, J.

The original writ petitioner has approached this Court with a prayer for quashing the Notice/Letter as contained in Memo No. 158 dated 10/13.02.2015 (Annexure-5), whereby and whereunder, the date of superannuation of the original writ petitioner has been fixed as 30.06.2015 instead of 30.06.2017 contrary to the date of birth mentioned in the service-sheet as well as relevant documents. Further, prayer has been made for a direction upon the respondents to pay the entire consequential benefits of service as well as retiral benefits treating his date of retirement as “30.06.2017 with interest @ 12 % per annum.

2. The case of the original petitioner lies in a narrow compass. In terms of the settlement dated 13.09.1986 in connection with Reference No. 10/1983, the Personnel Manager, Bhagaband Area vide letter dated 23.09.1986 issued appointment letter in favour of the original writ petitioner to the post of Miner/Loader. Pursuant to the same, the original petitioner joined the services and accordingly, on 24.03.1987, the respondents have filled up the date of birth as “29” years on 18.09.1986 in the Statutory Form-B, meaning thereby that the date of birth of the

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