Suraj Dev Singh @ Suryadeo Singh v. Bihar State Elect. Board
2003-07-31
CHANDRAMAULI KR.PRASAD
body2003
DigiLaw.ai
Judgment 1. This application has been filed for quashing the order dated 26.3.2000 (Annexure-8) whereby the petitioner has been informed that his date of superannuation would be 31.3.2000. Further prayer made by the petitioner is to quash the order dated 31.3.2000 (Annexure-9), whereby the petitioner has been informed that he shall retire on 31.3.2000 itself. 2. Short facts giving rise to the present writ application are that by order dated 27.3.1966 (Annexure-1) petitioner was appointed as Chowkidar by the Electrical Superintending Engineer, Muzaffarpur. According to him at the time of his appointment he produced medical certificate dated 25.4.1966 (Annexure-2) and the same has recorded the petitioners statement that on the said date he was 22 years old. Further stand of the petitioner is that on that basis his date of birth has been entered as 25.4.1944 in the service book (Annexure-3). It is the grievance of the petitioner that he ought not to have retired, treating his date of birth as 28.3.1940. 3. A counter affidavit has been filed in which it has been stated that in the original service book the date of birth of the petitioner has been recorded as 28.3.1940, lateron same has been penned through and 25.4.1944 has been mentioned. When this fact came to the notice of the respondents, a show cause notice dated 14.12.1999 (Annexure-4) was issued and on consideration of the reply of the petitioner it has been found that the date of birth originally recorded in the service book was 28.3.1940, which was penned through and changed to as 25.4.1944. 4. Mr. Pramod Kumar Sinha appearing on behalf of the petitioner submits that excepting the medical certificate (Annexure-2) which shows the age of the petitioner to be 22 years on 25.4.1966, there was no material showing the date of birth of the petitioner and as such the date of birth of the petitioner was rightly entered as 25.4.1944 in the service book. In this connection Mr. Sinha has referred to the service book (Annexure-3). 5. Mr. R.K.Datt appearing on behalf of the respondents submits that the service book produced by the petitioner is duplicate and the original service book containing the age in regard to the date of birth has been placed on record as Annexure-A to the counter affidavit. Mr.
In this connection Mr. Sinha has referred to the service book (Annexure-3). 5. Mr. R.K.Datt appearing on behalf of the respondents submits that the service book produced by the petitioner is duplicate and the original service book containing the age in regard to the date of birth has been placed on record as Annexure-A to the counter affidavit. Mr. Dutt points that the same clearly shows that the date of birth of the petitioner was initially entered as 28.3.40 which was lateron changed to 25.4.1944. In fairness to Mr. Datt he has produced the original service book for perusal of the Court and from that it is evident that earlier the date of birth mentioned in the service book is 28.3.1940 which lateron has been penned through and made as 25.4.1944. The said page of the service book contains the signature of the petitioner. When the respondent came to know about the interpolation in the service book, a show cause notice was issued to the petitioner and on consideration of the same it has been found that the date of birth recorded in the service book is 28.3.1940 and on that basis petitioner has been superannuated from service. I do not find any error in the same. 6. I do not find any merit in the application, it is dismissed accordingly.