IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. ( S) No. 703 of 2007
Saryu Ravidas …. Petitioner
Versus
M/s Bharat Coking Coal Limited & others … Respondents
Coram : HON’BLE MR. JUSTICE D.G.R. PATNAIK.
For the petitioner(s) : Mr Sanjay Prasad
For the respondents : Mr Ananda Sen.
24.08. 2009. Heard learned counsel for the parties.
The petitioner in this writ petition has prayed for issuance of
direction to the respondents to quash the letter dated 30.9 2006 (annexure 2)
whereby the petitioner was informed that he would retire from service with
effect from 28.2.2007. The grievance of the petitioner is that he was appointed
on 8.2.1983 and posted in the East Katras Colliery and at that time his age was
recorded as 35 years. Yet, by wrongly assessing and calculating the petitioner’s
date of retirement as 23.11.2007, the respondents have intended to retire the
petitioner prematurely.
Learned counsel submits that subsequent to the date of
filing of the writ petition, the respondents in the counter affidavit have
acknowledged that the date of petitioner’s retirement would be 23.11.2007. The
petitioner though satisfied with the correction in the date of birth, and with
payment of salary due to him for aforesaid period when he was out of service,
has a further grievance that after petitioner’s retirement, he ought to have been
paid retirement benefits which have not been paid and prays for a direction to
the respondents to pay retirement benefits.
Considering the above facts that the petitioner’s original
grievance has been redressed, the present writ petition has become infructuous
and is accordingly disposed of, with a direction to the respondents to consider
the payment of retirement benefits payable to the petitioner without any further
delay.
With the above observations, this application is disposed of.
Let a copy of this order be given to the learned counsel for
the respondent BCCL.
Ambastha/ ( DGR Patnaik, J ).