Ramanuj Thakur @ Ramanuj Kumar vs State Of Jharkhand

Deepak Roshan, J

The instant writ application has been preferred by the petitioner praying for quashing of order no. 56 dated 31.07.2021 issued by respondent no.3 whereby petitioner was declared to retire on basis of the report of Civil Surgeon who reported that he attains age of 60 years. Petitioner has further prayed for a direction upon the respondent-authorities to reinstate him in service.

Learned counsel for the petitioner submits that since the petitioner failed to produce the original and authentic document of his age proof when the process of regularization was going on, his case was sent to the Medical Board for ascertainment of age of this petitioner. Thereafter the Medical Board has malafidely declared the age of the petitioner as 60 years instead of 44 years as such he submits that his age should be determined by the doctors of Rajendra Institute of Medical Science (RIMS).

Learned counsel for the respondent-State vehemently opposed the prayer of the petitioner and submits that when the petitioner failed to produce any document for his age, his case along with case of other employees were sent to the Medical Board and as per the Medical Board, petitioner’s age was assessed as 60 years and that is the reason he has been terminated from his service.

In reply to the aforesaid submission, learned counsel for the petitioner submits that the case may be disposed of by giving liberty to this petitioner to approach the concerned respondent who should re-evaluate his order by sending the case of the petitioner to RIMS for age verification.

Having regard to the aforesaid submission, without going into merits of the case the instant writ application is hereby disposed of by giving liberty to the petitioner to file a fresh representation, if so advised, before the concerned respondents.

With the aforesaid observation, the instant writ application stands disposed of.