THE HON’BLE SRI JUSTICE G.M. MOHIUDDIN WRIT PETITION No.1406 OF 2016

ORDER:

This writ petition is filed to call for records and to declare the order passed by respondent No.2 in proceedings Ref.No. MMR/PER/S/171/15/6590 dated 10.10.2015 determining the age of the petitioner as 61 years as on 07.09.2015 (treating the date of birth of the petitioner as 28.12.1954 based on the report the Apex Medical Board Ex.P-1) instead of 28.12.1957 (based on his school record) as illegal, contrary to law, unjust and perverse and to set aside the same; and to declare that the petitioner is entitled to continue in service up to 31.12.2017 by considering the date of birth as 28.12.1957.

2. Heard Sri A.K. Jayaprakash Rao, learned counsel for the petitioner; and Sri P. Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited (SCCL) and perused the record.

3. It is contended by the learned counsel for the petitioner that the petitioner was appointed in service of the respondent Company on 19.02.1983. That he had studied up to Class-V in Sri Saraswathi Shishu Mandir High School, Sharadha Nagar, Godavarikhani, Karimnagar District, wherein his date of birth as per School record was