BHOGENDRA SINGH Vs. CHAIRMAN 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 14-1-1999 whereby the age of the petitioner has been determined as 27 years on 7-11-1998. Further prayer made by the petitioner is to quash the order dated 1 -3-2000 whereby the representation filed against the aforesaid order, has been rejected.

(2.) Short facts giving rise to the present application are that the petitioner was initially appointed as unskilled Khalasi by order dated 9-11-1965 and in pursuance thereof, he joined the service on 11-11-1965. According to the petitioner his date of birth was recorded as 20-11-1945 in the Service Book on the basis of the Medical Certificate. It is his stand that his date of birth ought not to have been changed by the respondents.

(3.) Counter-affidavit has been filed on behalf of the respondents in which it has been stated that on account of information that the date of birth in respect of a large number of employees of the Bihar Electricity Board, hereinafter referred to as the Board, have been interpolated, the Board, by order dated 3rd of August, 1995, constituted a Committee to examine the discrepancies in the date of birth of the employees. The Committee, so constituted, examined the service book of the petitioner and found year of birth of the petitioner recorded in the service book, to be over-written requiring thorough examination. In view of the opinion of the Committee, petitioner was referred to the Medical Board for determination of his age. Petitioner without any protest appeared before the Medical Board on 7-11-1998 and his age was determined as 57 years and consequently, his date of birth has been reckoned as 7-9-1941. It has further been stated that on that basis, petitioner shall retire in November, 2001.