the paperbook and thereafter series of representations have been filed as have been brought on record, in pursuance thereto, finally the respondent-authorities have come out with a communication issued by the Senior Officer Personnel, Sudamdih Shaft Mines addressed to the Deputy Manager (P) SCW, Sudamdih Coal Washery whereby and whereunder the fact has been admitted to the effect that the name of the appellant/writ-petitioner does not appear in the Form ‘B’ register in as much as in the year 1976 after explosion in Shaft Mine-Sudamdih, the old Form ‘B’ register was seized by DGMS and court of inquiry was held later on. Then a fresh Form ‘B’ register was prepared in the year 1986 in which the name of the appellant/writ-petitioner does not appear. His name only appeared in the ID Card Register and date of appointment is only written as 28.12.1975 but his date of birth was not available, no medical board report is also available, however, reference of the CMPF has been made therein which finds mention the date of birth of the appellant/writ-petitioner as 08.12.1954, in pursuance to the said communication, the Deputy General Manager has given a note for immediate action into the matter but instead of taking any action in the matter for resolving the dispute a notice of retirement dated 30.05.2012 was issued communicating the appellant/writ-petitioner about his superannuation w.e.f. 30.11.2012 and as such, the respondent-authorities without adjudicating and settling the dispute, although have considered by taking into consideration the CMPF record wherein the date of birth is mentioned as 08.12.10954, no action has been taken.
