Since the petitioner was non matriculate while entering into service, he appeared in “Praveshika Examination’ in the year 1973, (equivalent to matriculation) conducted by Hindi Vidyapith, Deoghar and certificate of the same is annexed as Annexure-1 to the writ application. Subsequently, the petitioner was promoted as Azo-Printer Grade II (Mechanical), Azo-Printer Grade I (Mechanical), Senior Printer (Mechanical) and Assistant Foreman (D) with effect from 1.8.2001. The petitioner was posted under Projects and Development India Ltd at Sindiri. In the year 2002 Voluntary Retirement Scheme was floated by the Personnel and Administrative Department of PDIL and applications were invited from the employees of the PDIL as per Annxure-2 to the writ petition. In pursuance to the said scheme the petitioner submitted an application dated 11.3.2003 for voluntary retirement from the services of PDIL vide Annexure-4 to the writ petition and the application of the petitioner for grant of voluntary retirement was accepted by the management and the petitioner was permitted to be released from the services of the company with effect from 24.5.2003 as per Annexure-5 to the writ petition. After voluntary retirement from the company since all the retirement benefits was not paid to the petitioner on the ground of the disputed date of Birth, the petitioner submitted series of representations annexing the relevant documents staking his claim on date of birth to be 02.01.1950. To the utter surprise the petitioner received the letter dated 13.05.2008 issued by the Deputy Manager (P & A) PDIL, Sindri whereby he has been informed that since he has completed 58 years of age, as such he is not eligible to get pension under the EPS 1995, as per Annexure-8 to the writ petition. Being aggrieved by the unilateral decision of the respondents, the petitioner left with no alternative approached this Court under Article 226 of the Constitution of India for redressal of grievance.
