Sk Yakoob Pasha, v. The Singareni Collieries Company Ltd.

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.42719 of 2015 DATED : 31.12.2015 Between:

Sk.Yakoob Pasha, S/o.Peer Baksh, Aged about 55 yrs, General Mazdoor, Singareni Main Hospital, Kothagudem Area, Kothagudem, Khammam District, Telangana.

.. Petitioner AND The Singareni Collieries Company Limited, Rep., by its General Manager, (Personnel), RC,IR&PM, Corporate, Singareni Collieries Co.Ltd., Kothagudem (PO), Khammam District & another. .. Respondents

The Court made the following:

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.42719 of 2015 ORDER:

The petitioner herein joined service in the 1st respondent company as General Mazdoor in the year 1983. At the time of entry into service, the date of birth of the petitioner was recorded as 24-02-1956. The petitioner claims that in the study and Conduct Certificate issued by the Zilla Parishat Secondary School, Komathagudem, Singareni Mandal, Khammam District, his date of birth was recorded as 05.02.1961. Thus according to the date of birth, as per the school record, he has to be continued in service till 2019 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