GHUGHALEE RAM @ GHUGHULEE RAM, AGED ABOUT 68 YEARS, SON OF LATE MUNILAL RAM, RESIDENT OF VILLAGE Vs. STATE OF BIHAR, THROUGH THE SECRETARY

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Petitioner earlier served on the post of Constable in the Bihar Police. He has been superannuated with effect from 1.7.1996 as in his service book 1938 has been recorded as the year of birth.

(3.) It is submitted on behalf of the petitioner that as the year of birth of the petitioner has only been recorded in his service book, petitioner should have been allowed to continue in service until the last date of the year in which he attained the age of superannuation i.e. 31.12.1996. Raising the aforesaid grievance, petitioner filed C.W.J.C. No. 12608 of 1999, which was disposed of under orders dated 6.1.2000, Annexure-8 to this writ petition directing the authorities to examine the case of the petitioner in the light of law laid down by the High Court in the case of Devendra Kumar Mishra Vs. State of Bihar & Ors., reported in 1999 (3) PLJR 700 whereunder this Court held sub-rule (1) of Rule 97 of the Bihar Financial Rules (hereinafter referred to as the Rules), which, inter alia, required the Government servant whose year of birth is only mentioned in the service book to superannuate with effect from 1st July of the year in which he attained the age of superannuation wholly irrational which cannot be sustained and quashed the order superannuating the Government servant with effect from 1st July of the year in which Government servant attained the age of superannuation directing computation of the entire benefits including retiral benefits treating the date of birth/ superannuation to be the last day of the year in which Government servant attained the age of superannuation. In support of the aforesaid submission, learned counsel for the petitioner further relied on the earlier judgment of the Division Bench in the case of Kashi Nath Thakur Vs. State of Bihar & Ors. dated 6.9.1993, reported in 2008(4) PLJR 241 as also other judgment of the Division Bench in the case of the State of Bihar & Ors. Vs. Bharat Singh @ Bharat Rao dated 23.11.2000, reported in 2002(1) PLJR 228 , Annexure-14. Besides relying on the aforesaid two Division Bench judgments, learned counsel for the petitioner in support of the aforesaid submission, has also relied on the judgment of another Single Judge in the case of Radha Kant Mishra Vs. The State of Bihar and ors. and Shiva Nath Ram Vs. State of Bihar & Ors, reported in 2004(3) PLJR 190 and 2007(4) PLJR 379 .