BHAWANAND JHA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) IN I.A.No. 999 of 2002 it is stated that the sole petitioner died on 14.9.2001 leaving behind a widowed wife and three sons whose names are stated in paragraph -1 of the Interlocutory application.

(2.) THE writ petition arises from a dispute regarding the date of birth, and consequently the date of retirement, of the deceased petitioner who was an employee of the Bihar State Electricity Board. His heirs, therefore, can pursue this matter in respect of the monetary claims, if any, of the deceased petitioner. The sons have jointly authorised the mother (the widow of the deceased petitioner) to get herself substituted in place of her husband and to prosecute this case on their behalf also. The prayer is allowed.

(3.) SRI Bhawanand Jha (the deceased) was a Class -Ill employee of the Bihar State Electricity Board. In his Service book his date of birth was recorded as 24.1.1938 and on that basis he superannuated from service on 31.1.1998. It appears that the Board was in the process of examining the validity and correctness of entries regarding the dates of birth of a large number of its employees and the case of Sri Bhawanand Jha also seems to be under investigation. In those circumstances, he was examined by a medical board on 8.2.1998 i.e. after his date of superannuation. The medical board assessed his age between 60 & 62 years and taking the mean of the two determined it as 61 years. On that basis the Board fixed his date of retirement on 28.2.1997 and proceeded to settle the retiral dues of the deceased employee on that basis. Sri Bhawanand Jha then came to this Court challenging the action of the Board in fixing his date of retirement on 28.1.1997.