JHAKAR MANJHI Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 1.7.2002 (Annexure-7) whereby the petitioner has been informed that he shall retire from service on 30th November, 2002 on attaining the age of superannuation of 60 years.

(2.) SHORT facts giving rise to the present application are that the petitioner was appointed as unskilled Khalasi on 21.12.1968. According to the petitioner his date of birth is 22.12.1948 and the same was recorded in the service book. However, later on the respondent-Bihar State Electricity Board finding interpolation in the date of birth of the petitioner asked him to appeal before the Media! Board on 1.12.2000 and the Medical Board assessed his age to be between 57 to 59 years on the said day. The respondent-Board, on consideration of the report of the Medical Board, decided that his age on 1.12.2000 would be 58 years i.e. average of the age assessed by the Board and accordingly passed the impugned order.

(3.) HERE in the present case the petitioner has been retired from service taking the average of the age as assessed by the Medical Board. In my opinion, the respondent-Board ought to have retired the petitioner taking his age to be 57 years on 1.12.2000. In that view of the matter, the petitioner shall retire on attaining the age of 60 years on 31.11.2003.