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Jharkhand High Court · body

2001 DIGILAW 606 (JHR)

Bishwanath Jha v. Bihar State Electricity Board

2001-08-28

M.Y.EQBAL

body2001
ORDER M.Y. Eqbal, J. 1. Heard the parties. 2. The high handedness of the authorities of the respondent-Board is apparent from the fact that the Board, after compelling the employee to go for medical examination after 30-40 years of service, has issued letter of superannuation on the basis of physical assessment of age made by the Medical Board. 3. In the instant case the petitioner joined service in 1969 on the post of lineman/ khalasi. A Service Book was opened in the year. 1969, a copy of which has been annexed as Annexure 1 to the writ application. The genuineness of the Service Book has not been denied or disputed by the respondents save and except that the same was prepared in 1983. 4. From perusal of the Service Book it appears that the date of birth of the petitioner was recorded as 3.1.45 and the Service Book was signed by the Electrical Executive Engineer. In the back portion of first page of the Service Book a medical certificate has been given under Section 49 of the Civil services Regulation whereby the age of the petitioner was assessed as 24 years in 1969 (i.e. 1945). There is a L.T.I, of the petitioner duly attested by the Officer of the Board putting the date as 3.1.1969. At the bottom of the Service Book of column place Godda is written. 5. The petitioner continued in service but during the period of 30 years no objection, whatsoever, was raised by the Board about the correctness of date of birth of the petitioner and it was only in 1999 the respondent-Board took a decision to compell the employees of the Board to go for medical examination for the assessment of age. The petitioner, accordingly, was forced to appear before the Medical Board and the Medical Board assessed the age of the petitioner as 58-60 years in 1999. The Medical Board assessed the average age of the petitioner as 59 years and on the basis of that the impugned letter of superannuation has been issued treating the date of birth of the petitioner as 3.2.41. 6. In para 10 of the counter affidavit it has been stated that the Service Book of the petitioner was opened on 4.11.83 wherein his date of birth was recorded as 3.1.45 as per medical certificate. 6. In para 10 of the counter affidavit it has been stated that the Service Book of the petitioner was opened on 4.11.83 wherein his date of birth was recorded as 3.1.45 as per medical certificate. It is, therefore, clear that the petitioners date of birth is 3.1.45 which was duly certified by the Medical Certificate issued under Section 49 of the Civil Services Regulation. Service Book was signed by the Electrical Executive Engineer as also the Assistant Electrical Engineer and the Medical Officer. That date of birth of the petitioner continued for about 30 years and it was only in 1999 the respondents, on their own, decided to ask the employees to go for medical examination for fresh assessment of age and on the basis of tentative assessment of age by the Medical Board the respondents have issued letter of superannuation without complying the requirements of principles of natural justice. 7. In that view of the matter this Court is of the opinion (sic) palpably illegal and wholly without jurisdiction. This writ application is, therefore, allowed and the impugned letter of superannuation is quashed. It is held that the petitioner shall be entitled to continue in service on the basis of his date of birth recorded in the Service Book as 3.1.45. The respondents are directed to immediately reinstate the petitioner in service with payment of all wages from the date of letter of superannuation till the date of joining. 8. Since the petitioner has been unnecessarily harassed by the respondents by reason of their whimsical and arbitrary action I saddle them with costs of Rs. 5000/-. 9. Writ application allowed.