LAWS(PAT)-2003-5-31

MADAN MISHRA Vs. BIHAR STATE ELECTRICITY BOARD

Decided On May 05, 2003
Madan Mishra Appellant
V/S
BIHAR STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) IN this writ application, prayer of the petitioner is to quash the entry in regard to date of birth made in the Service Book. Petitioner further prays for issuance of a writ in the nature of mandamus commanding the respondents to treat his date of birth as 21.11.1948 instead of 31.5.1944 and retire him on that basis.

(2.) SHORT facts giving rise to the present application are that the petitioner was initially appointed as unskilled khalasi and joined as such on 1st of July, 1970. According to the petitioner, his date of birth recorded in the Service Book is 21.11.1948. His grievance is that without any justifiable reason, he was referred to the Medical Board for determination of age on 31st of May, 1999 and on the basis of average age ascertained by the Medical Board, his date of birth has been determined as 31.5.1944. Further on that basis, he is sought to be returned.

(3.) AS decided by the Committee, the petitioner was informed to appear before the Medical Board which determined his age between 54 to 56 years on 31.5.1999 and on that basis, petitioner 'sdate of birth 31.5.1944 has been mentioned in the service book.