Ikramuddin v. South Eastern Coalfields Ltd. And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.141 of 2012 Ikramuddin S/o Gulam Mohammed, aged about 55 years, R/o Village-South Jhagrakhand, District-Koriya (CG) ---- Petitioner

Versus

1. South Eastern Coalfields Limited Through the Chairmancum-Managing Director, Seepat Road, Bilaspur (CG)

2. General Manager/Sub-Area Manager, Hasdeo Area, DistrictKoriya (CG)

3. The Sub-Area Manager, Palkimada Colliery, Jhagrakhand Sub-Area, District-Koriya (CG) ---- Respondents For Petitioner : Mr.Kanwaljeet Singh Saini, Advocate For Respondents : Mr.R.K.Gupta, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board (Through Video Inferencing) 1.9.2021

1. Mr.Kanwaljeet Singh Saini, learned counsel for the petitioner, would submit that the petitioner's date of birth is 16.7.1956, whereas treating his date of birth as 16.7.1952 he has been retired w.e.f. 31.1.2012 and looking to the evidence available on record, the matter ought to have referred to the Age Determination Committee under Implementation Instruction No.76.

2. On the other hand, Mr.R.K.Gupta, learned counsel for the respondents, would oppose the writ petition and submit that the petitioner has rightly been retired considering the dispute which has been raised by him claiming his date of birth as 16.7.1956.

3. Considering the submissions made by learned counsel for the parties, the matter is referred to the Age Determination Committee under Implementation Instruction No.76 and that will be considered by the said Committee within six weeks from the date of receipt of a copy of this order. The petitioner is liberty to file additional documents, if any, in support of his claim.

4. With the aforesaid observation / direction, the writ petition finally stands disposed of. No order as to cost(s).

Sd/- (Sanjay K.Agrawal) Judge B/-