MEHDI MIRZA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN relation to the petitioner, an employee of the Bihar State Electricity Board, a question arose that what was his exact date of birth or what was his actual age. From annexure -C, copy of the service book, it appears that there are certain interpolations in the column of the age and date of birth. Taking an exception to all this, the Employer, the Bihar State Electricity Board referred the matter of the age of the petitioner to the Medical Board. The Medical Board examined the petitioner and vide annexure -B to the counter affidavit observed that the age of the petitioner could be between 56 to 53 years. The Respondents being in norns of dilemma instead of observing the age as 56 or 58 took an average of the same and recorded that the petitioner is 57 years of age and would retire in November, 2003. The petitioner being aggrieved by the order contained in annexure -2 bearing no. 7865 dated 13.12.2000 has come to this Court.

(3.) ARMED with this circular the petitioner now submits that in accordance with the judgment of the Supreme Court so also the circular issued by the Board, the petitioners age should be treated to be 56 years and he should be allowed to Fetire on 30.11.2004.