SURYA KANT MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and the counsel for the Bihar State Electricity Board (hereinafter referred to as the Board).

(2.) Petitioner at the relevant time served as Junior Linesman in the Electric Supply Sub-Division, Sheohar. He is aggrieved by the order of the Electrical Executive Engineer, bearing No. 198 dated 31.1.1997, Annexure-4, whereunder he has been directed to retire from the service of the Board with effect from 31.1.1997 (Afternoon).

(3.) It is submitted on behalf of the Petitioner that the order dated 31.1.1997, Annexure-4 passed by the Board is contrary to the entries made in the service book whereunder his date of birth has been recorded as 21.8.1938, which would appear from the photocopy of the first page of the service book duly attested by the Electrical Executive Engineer under his signature dated 7.11.1990 contained in Annexure-1 to this application. With reference to Annexure-1, it is further submitted that had the date of birth of the Petitioner recorded in Annexure-1 would have been accepted by the authorities of the Board, impugned order may not have been passed asking him to retire with effect from 31.1.1997 and with reference to the said entries, it is submitted that this Court should quash the impugned order dated 31.1.1997, Annexure-4 and direct the authorities of the Board to pay the arrears of salary to the Petitioner until the date of his retirement i.e. 31.8.1998.