WP(C) 8413/2004 BEFORE HON’BLE MR. JUSTICE B.K.SHARMA. The service of the petitioner, while was serving as Sales Attendant unde r the respondents, was terminated with effect from 13th April 2004 by the impugn ed order dated 7.8.2004. His service was so terminated on the ground of unautho rized absence from duty. I have heard Mr. S.C. Biswas, learned counsel appearing for the petition er as well as Mr. S.N. Sarma, learned Sr. counsel appearing for the respondent-C ooperative Federation. Mr. Sarma, learned counsel, in consultation with the records of the personal cas e of the petitioner, submits that as per the Service Book maintained, the date o f birth of the petitioner being 01.02.1946, he had attained the age of superannu ation i.e. 58 years on 31st January 2004 and thus, after the said date, there be ing no employer and employee relationship, his service could not have been termi nated by the said impugned order. Mr. Sarma, learned counsel submits that the or der was so passed without consulting the records. In view of the above, this writ petition is disposed of providing that the petit ioner shall be deemed to have retired from service on attaining the age of super annuation w.e.f. 31st January 2004. On such retirement, whatever consequential benefits to which he may be entitled to, same shall be provided to him as per ru les. As to how the period of unauthorized absence from service by the petitione r will be treated, is left entirely upto the discretion of the respondent-author ity. In view of this order, the impugned order dated 7.8.2004 (Annexure-V to the writ petition) shall be deemed to be non est.