KANHAIYA LAL SINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner, a skilled Khalasi, Electric Supply Division, Chapra East has joined the services with the respondents on 9.6.1998. His date of birth was shown as 23.8.1991 but somewhere in the year 1996 a doubt arose about his real age. The respondents directed the petitioner to appear before the Medical Board and thereafter the petitioner appeared before the Medical Board of the respondent and the Medical Officer informed the Superintending Engineer of the respondent Board, vide his letter No. 445 dated 3.12.1999 that the petitioners assessed age is between 54 -56 years. Accordingly the petitioner was also informed.

(3.) LEARNED counsel for the petitioner vehemently argued on the question of the competence of the Medical Board and the fact that almost after about 28 years of service the petitioner could not be sent to the Medical Board for age verification. It is submitted by him that if his date of birth is shown to be 23.4.1991 in the service book then the same is final for all practical purposes and nothing is required to be reconsidered. On the other hand learned counsel for the respondent Board submitted that from the perusal of the order dated 11.3.2003 passed in C.W.J.C. No. 2636 of 2003 it would clearly appear that limited liberty was given to the petitioner and infact the petitioner was simply praying that he be given the benefit of the minimum age i.e. instead of treating him to be 55 years he may be treated as 54 years.