SHIB NANDAN BARNWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar School Examination Board.

(2.) By communication dated 06.11.2006 (Annexure-4), petitioner, who was Additional Director, Health Services, was made to retire with effect from 31.07.2004 treating his date of birth as 06.07.1946, as reported to the Health Department by the Bihar School Examination Board. The petitioner immediately protested and repeatedly protested thereafter, but no heed was paid. Ultimately towards the end of 2009, after three years, he was served with pension payment order treating his date of retirement as 31.07.2004. Petitioner, having no other option but to accept the same and challenge the action, came to this Court.

(3.) Counter affidavits have been filed, both by the State and the Bihar School Examination Board. Rejoinders have also been filed. With the consent of the parties, the writ petition is being disposed of at this stage itself.