BIHAR STATE ELECTRICITY Vs. JAGDISH MANDAL

JUDGEMENT

(1.) THE appellant -Bihar State Electricity Board (hereinafter referred to as the Board) is aggrieved by the order dated 8.9.2000 passed in CWJC No. 8906 of 2000 by a learned Single Judge of this Court whereby he has set aside the order dated 28.6.2000 passed by the Board, Annexure -16, to the writ application, rejecting the representation of the writ petitioner -respondent No. 1 regarding 30 determination of his age and directed the authority to refer the case of respondent No. 1 to the Medical Board for re -determination of his age.

(2.) THE facts necessary for disposal of the present appeal are as follows : Respondent No. 1 was appointed as unskilled Khalasi in the Board in the year 1968. Along with joining report, he submitted a medical certificate wherein.it was asserted that his date of birth was mentioned as 35 31.12.1946. The service book was opened on 2.5.1974 which bears the signature of respondent no. 1 and there '; the date of his birth has been mentioned as 8.9.1939. A gradation list of unskilled Khalasi was prepared in which date of birth of respondent No. 1 was mentioned as 31.12.1946. Respondent No. 1 was directed by the Board to produce educational certificate in 04/01/13 support of his age. He did not produce any certificate of respondent No. 1 was issued informing him that he would retire from 30.9.1999 by treating his date of birth as 8.9.1939. Respondent No. 1 came to this Court in CWJC No. 7761 of 1999 alleging that wrongly his date of birth has been treated as 8.9.1939 and he disputed his date of birth and filed several representations, but the same 5 has not been considered before issuance of the aforesaid notice.

(3.) IN the result, the order dated 8.9.2000 in CWJC No. 8906 of 2000 passed by the learned Single Judge is set aside and the appeal is allowed.