2025:JHHC:31003 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3063 of 2021 ------ Sitaram Yadav, aged about 61 years, son of Late Dukhan Yadav, Resident of House No.447, Barmasia, Near FCI Godown, PO + PS- Dhanbad, District-Dhanbad. … … Petitioner(s) Versus 1. Union of India through Assistant General Manager, Food Corporation of India, Office at 16/20, Barahkhambha Lane, PO- Central Area, PS- Barahkhambha Lane, New Delhi. 2. General Manager, Food Corporation of India, Regional Office at Kutchery Chowk, PO- GPO, PS-Kotwali, District-Ranchi. 3. Area Manager/Divisional Manager, Food Corporation of India/DO Dhanbad, PO & PS-Dhanbad, Dist.-Dhanbad. 4. Manager, CPF, FCI office at EZ-10, A Middleton Road, PO- EZ- 10, A Middleton Road, PS- Park Street, Kolkata. 5. The Assistant Provident Fund Commissioner, Regional Officer, (Food Corporation of India), Jharkhand Office at- Bhagirathi Complex, Near Circuit House, Karamtoli, PO & PS- Lalpur, Dist.-Ranchi. 6. Manager, (Depot), Food Corporation of India/DO Dhanbad, PO & PS-Dhanbad, District-Dhanbad. 7. The AGM (CPF/Pension), Food Corporation of India, Office at- EZ-10, A Middleton Road, PO- EZ-10, A Middleton Road, PS- Park Street, Kolkata. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. M.M. Sharma, Advocate Mr. Saibal Mitra, Advocate Mr. S.B. Gupta, Advocate For the Respondent(s) : Mr. Nipun Bakshi, Advocate Mr. Shubham Sinha, Advocate ------ 09/ 08th October,2025 1. Heard the parties. 2. The dispute before this Court is in respect of date of birth which ultimately led to pre-mature retirement of the petitioner. 3. The petitioner was an employee of Food Corporation of India. He entered in service on 29.08.1985. The petitioner is non- matric. At the time of entering in service, his age was also not assessed by the department rather the Service Book and other documents were opened wherein his age was recorded as 24 years on the date of appointment i.e., 29.08.1995. He was made to superannuate on 31.10.2020. 4. It is the case of the petitioner that he could not have 2025:JHHC:31003 2 been made to retire on 31.10.2020 as his age of attaining superannuation which is 60 years will be completed sometime in August, 2021 and not in the year 2020. He submits that the respondents as per their own whims have corrected the date without giving any information to the petitioner. 5. Learned counsel appearing on behalf of Food Corporation of India submits that in one initial document which is a nomination form, there is an interpolation in his age wherein a particular figure has been interpolated and it has been made 29 years. He further submits that Aadhaar Card, Voter ID Card and PAN Card also suggest that the petitioner would superannuate sometime in October, 2020. Based on these documents, the petitioner was made to superannuate on 31.10.2020 instead of 31.08.2021, thus, there is a difference of 10 months. 6. Considering the nature of the dispute, this Court had called for the original Service Book of the petitioner which is in fact the initial document which was prepared at the time of entering in service. 7. The document has been produced. The Service Book contains a form which the candidate had to filled-up at the time of joining. This nomination form suggests that there is an interpolation of the age wherein 29 years have been recorded after interpolation. Thus, this document cannot be considered by this Court. 8. The learned counsel for the respondents submits that there is a joining letter. The aforesaid letter contains the signature of this petitioner and date which is 29.08.1985 and the seal of Food Corporation of India and the signature of Officer. On the back side of the said document contains the signature and seal of Chief Labour Inspector of Food Corporation of India. This document declares the details of the petitioner. 9. In the column of age of the said document, it has been mentioned “24 years”. 10. Further the Service Book of the petitioner also mentions, date of appointment as 29.08.1985 and his age as 24 years. Thus, the initial entry of date of birth of the petitioner is 2025:JHHC:31003 3 recorded as 24 years as on 29.08.1985. If this age is calculated and is converted the approximate estimation of his date of birth, will come to 29.08.1961. 11. The admitted age of superannuation is 60 years. Thus, the age of superannuation of the petitioner would be 31.08.2021 as a person in the establishment of FCI retires on attaining on the last date of the month in which he attains the age of 60 years. 12. Considering what has been held above, I hold that the respondents could not have superannuated the petitioner on 31.10.1960 rather in terms of the first entry made in respect of date of birth of the petitioner in the Service Book and other document, he should have superannuated on 31.08.2021. Thus, this writ petition stands allowed. 13. The impugned notice of superannuation dated 03.07.2020, Annexure-5 is set aside and the respondents are directed to pay the salary of the petitioner for this 10 months within 12 weeks from the date of receipt of copy of this order. (ANANDA SEN, J.) 08th October, 2025 Sandeep.cp2