BABAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been hard in detail at the stage of admission itself and is being disposed of finally with consent of the parties.

(2.) Petitioner was initially appointed as a Constable in Bihar Military Police, Battalion 10 and he joined the said post on 1.2.1968. As has been confirmed from the original service book of the petitioner, at the time of joining petitioner had given his age as 21 years by only mentioning his year of birth as 1947. On that basis the concerned Commandant issued a letter bearing No. 28 dated 5.12.2003 addressed to the DIG (Personnel), Bihar in which date of retirement of several police employees were mentioned and against petitioner's name the date of retirement was shown as 30.6.2005. Petitioner did not protest against such date decided on 5.12.2003 but subsequently by memo No. 1095 dated 29.5.2004 (Annexure-5) date of retirement of several police employees were revised by the Commandant, BMP 14 and petitioner's date of retirement was redetermined as 31.1.2005. Petitioner has challenged the aforesaid decision evidenced by Annexure-5 insofar as it relates to the petitioner.

(3.) Learned Counsel for the petitioner has submitted that the earlier decision contained in Annexure-4 was a correct decision in respect of the petitioner based upon provisions in the Bihar Service Code, particularly Rules 9 and 25 thereof as well as Rule 233(iii) of the Bihar Board's Miscellaneous Rules, 1958. It was further submitted that while issuing the decision contained in Annexure-5 petitioner's date of birth was wrongly redetermined on erroneous ground that it was required to be done by Rules 9 and 73 of the Bihar Service Code and para 1 and 2 of Rule 97 of the Bihar Financial Rules.