JUDGMENT :

S.N. PATHAK, J.

The petitioner has approached this Court with a prayer for a direction upon the respondents to correct the date of birth of the petitioner as 05.03.1966 in view of his school leaving certificate rather than 02.03.1960 as mentioned in NEIS. Further, prayer has been made for quashing of notice of retirement dated 03/09.10.2019 as contained in Letter No. BCCL/KOCP/PO/2019/375 (Annexure-5) issued by the Project Officer, Golakdih Project and also for quashing of letter dated 16.01.2021 (Annexure-11) as contained in Ref. No. BCCL/KOCP/2021/652 issued by the Project Officer, Golakdih Project, whereby the petitioner has been directed to vacate the company's quarter and also panel rent of Rs. 6,000/- + other charges, total amounting to Rs. 42,356/- for the period from 01.07.2020 to 31.12.2020 has been charged against the petitioner.

2. The case of the petitioner lies in a narrow compass. The petitioner was duly appointed by the respondent to the post of Shovel Operator (Trainee) vide letter dated 31.01.1989/02.02.1989 issued by the Deputy Chief Personnel Manager (MP & R), BCCL, Dhanbad. Thereafter, the petitioner appeared in the medical examination held by the respondents and in the said medical report, the date of birth of the petitioner has not been mentioned. The Senior Director, BCCL vide letter dated 08.12.1988 directed the petitioner to appear in the interview on 19.12.1988 with all the documents in support of age, qualification, experience and residential status etc. In compliance thereof, the petitioner attended the interview and produced the school transfer certificate issued by the Headmaster, Middle School, Samlapur, Dhanbad, birth certificate and other documents, showing the date of birth of the petitioner as 05.03.1966. It is specific case of the petitioner that after his appointment, the petitioner was working to the satisfaction of the respondents, however, the petitioner became highly shocked and surprised when he received the notice of retirement dated 03/09.10.2019 as contained in Letter No. BCCL/KOCP/PO/2019/375 issued by the respondent No. 5, wherein it was informed to the petitioner that according to his date of birth recorded in NEIS, he will be superannuated on 31.03.2020 on attaining the age of 60 years on 02.03.2020 and accordingly forced to retired on 31.03.2020, without considering the attestation form, which was prepared at the time of appointment, wherein his date of birth has been mentioned as 05.03.1966. Aggrieved by the same, the petitioner represented before the respondents several times, but no heed was paid and as such, he has been constrained to knock the door of this Court.

3. During the pendency of the writ petition, the respondents have issued a Letter dated 16.01.2021 as contained in Ref. No. BCCL/KOCP/2021/652 issued by the Project Officer, Golakdih Project, whereby the petitioner has been directed to vacate the company's quarter and also informed that penel rent of Rs. 6,000/- +other charges, total amounting to Rs. 42,356/- for the period from 01.07.2020 to 31.12.2020 has been charged against the petitioner and in case of non-payment of the aforesaid amount, the same will be deducted from his retiral benefits.

4. Mr. P.K. Mukhopadhyay, learned counsel for the petitioner assailed the impugned notice of retirement as well as Letter dated 16.01.2021 on the ground that the respondents cannot make the petitioner to retire/superannuate 6 years prior to attaining the age of 60 years on the basis of entry made in NEIS and other records, wherein wrong entry of his date of birth has been made. The respondents are bound to consider the date of birth as mentioned in the school leaving certificate and other documents, which were produced at the time of appointment, wherein his date of birth is mentioned as 05.03.1966 and the same has been affirmed and accepted by the respondent in attestation form issued by the Personnel Department of M/s. BCCL. He further submitted that the respondent