RAJU RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for quashing the order dated 16.11.1993 contained in Annexure 1 and that dated 10th December, 1993 contained in Annexure 2, whereby, it has been directed that the Petitioner had superannuated with effect from 30.6.1993. Further prayer has been made for a declaration that the Petitioner's date of birth is 5.7.1942 and net 4.1.1932.

(2.) The short facts are that the Petitioner was appointed initially on the post of (sic) constable Site peon-cum-Choukidar and joined his post on 18.7.1964 under Subdivisional Officer, Sone Bridge Subdivision No. 2 W.B.P. Wing, Public Works Department, Dehri-on-Sone under the Executive Engineer, Road Division, Dehri-on- Sone. The service roll of the Petitioner was opened on 23.3.1966 wherein the Petitioner's date of birth has been mentioned as 5.7.1942 which bears the signature of the Petitioner. Later on, the Petitioner was appointed as peon and he joined on the said post on 9.2.1971 under Executive Engineer, Rural Engineering Organisation, Patna but thereafter Anr. service book was opened on 18.5.1972 under the signature of the one Ram Sakal Prasad, Assistant Engineer, Rural Enqineering Organisation, Patna Sadar, and 3th the second service book the Petitioner's date of birth has been mentioned as 4.1.1932.

(3.) According to the date of birth 4th January, 1932,' mentioned in the service book of the Petitioner, the Petitioner was 32 years, six months and 14 days old when he initially joined service In the year 1964 which shows that on the date of first entry into service the Petitioner became overage by seven years and few months and no order was passed by the authorities for relaxing the age of the Petitioner when he entered service. Even, subsequently also it appears that no order of relaxation has been passed.