O. Laxminarayana, v. The Singareni Collieries Company Limited

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.42680 of 2015 DATED : 31.12.2015 Between:

O.Laxminarayana S/o.Late Shri O.Ilaiah, Aged 56 yrs, E.C.No.0267644, Trammer, VK-7, Incline, Kothagudem, The Singareni Colliaries Company Limited, R/o.Qr.No.D-205, Market Area, Rudrampur, Kothagudem, Khammam District.

.. Petitioner AND The Singareni Collieries Company Limited, Rep., by the Chairman-cum-Managing Director, Singareni Bhavan, Red Hills, Hyderabad & another. .. Respondents

The Court made the following:

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.42680 of 2015 ORDER:

The petitioner herein joined service in the 1st respondent company as Badili Filler in the year 1982. At the time of entry into service, the date of birth of the petitioner was recorded as 08-121956. The petitioner claims that he studied up to IV th class during the academic year 1971 at C.U.P. School, Ananda Khani, M.P.P., Kothagudem, Khammam District and his date of birth was recorded as 10.01.1959. Thus according to the date of birth, as per the school record, he has to be continued in service till 2017 and erroneously, he is being retired from service even before attaining the age of superannuation.

2. When the matter is taken up, learned counsel for the petitioner and the learned standing counsel for the respondents have stated that the petitioner can be referred to apex Medical Board for examination of his age according to the directions issued by this Court in W.P.No.33343 of 2012 and batch, dated 31.03.2015.

3.

Having regard to the submission made, the writ petition is disposed of without expressing any opinion on merits,

directing the respondent company to subject the petitioner for medical examination in accordance with the directions issued by this Court in W.P.No.33343 of 2012 and batch, dated 31.03.2015, and take appropriate further course of action regarding the date of birth entered in the service record and the date of retirement of the petitioner. The exercise of subjecting the petitioner to medical examination and the consequential decision shall be taken within a period of eight (8) weeks from the date of receipt of a copy of this order. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ P.NAVEEN RAO, J Date: 31st December, 2015 Rds