HONOURABLE MS JUSTICE G.ROHINI WRIT PETITION No. 16650 of 2009 Date: 23.10.2009 Between: Sri Jakkam Veeraiah … Petitioner And The Chairman and Managing Direcotr, Singareni Collieries Co., Ltd., Kothagudam and 2 others. … Respondents HONOURABLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 16650 of 2009 ORDER: The petitioner herein is working as Pump Operator in the Singareni Collieries Company Limited. This writ petition is filed seeking a declaration that the order passed by the 2nd respondent dated 01.10.2008 informing the petitioner that as per the records of the company, the petitioner will be completing 60 years on 14.10.2009 and therefore, he has to retire from service with effect from 31.10.2009 on attaining the age of superannuation as arbitrary and illegal. It is primarily contended by the petitioner that the stand taken by the respondents that he will be completing 60 years on 14.10.2009 taking into consideration his date of birth as 14.10.1949 is incorrect and as a matter of fact, his correct date of birth is 14.10.1956 and therefore, he would attain the age of 60 years only on 14.10.2016. On behalf of the respondents, a detailed counter affidavit has been filed denying the claim of the petitioner. I have heard the learned counsel for both the parties. During the course of the arguments, it is brought to the notice of this Court that after filing this writ petition, the petitioner was referred to Apex Medical Board for assessment of his correct age in terms of Circular dated 23.12.2003. It also appears that though the petitioner was asked to appear before the Apex Medical Board on 22.10.2009, due to the pendency of the present writ petition, the petitioner could not appear on that day. Having regard to the decision taken by the respondents to refer the petitioner’s case to Apex Medical Board, the learned counsel for the petitioner represented that the petitioner is ready and willing to subject himself for examination by the Apex Medical Board. The learned standing counsel appearing for the respondents under instructions submitted that the Apex Medical Board will be constituted at an early date for determination of the age of the petitioner. The learned counsel for the petitioner undertakes to ensure the appearance of the petitioner before the Apex Medical Board without fail provided the date is intimated in advance. In the circumstances, it is not necessary for this Court to go into the merits and accordingly, the writ petition is disposed of with a direction to the respondents to constitute the Apex Medical Board in terms of Circular dated 23.12.2003 for determination of the age of the petitioner and inform the date fixed for appearance of the petitioner in advance under proper acknowledgement. Thereafter as per the opinion of the Apex Medical Board the respondents shall take appropriate decision and communicate the same to the petitioner. Till such time, the impugned order dated 01.10.2008 shall not be given effect to. Writ Petition is accordingly disposed of. No costs. ___________ G. ROHINI, J. Date: 23.10.2009 Note: Issue C.c. by 27.10.2009 B/o KLP