YADU NANDAN MAHTO Vs. CHAIRMAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Sri Piyush Lal, one of the Junior counsel assisting Sri Mihir Kumar Jha, Standing Counsel of the Bihar State Electricity Board (for short the "Board").

(2.) PETITIONER is aggrieved by the order bearing Memo No. 97 dated 24.1.2003 issued by the Electrical Executive Engineer as contained in Annexure -4, whereunder he has been directed to superannuate with effect from 31.7.2003 on attaining the age of 60 years as the Medical Board constituted by the Board had determined his age as 57 years on 7.7.2000.

(3.) IN the present case the age of the petitioner was determined by the Medical Board on 7.7.2000 between 56 -58 years as such, he should have been taken as 56 years old on 7.7.2000 and thus the direction to superannuate him with effect from 31st July, 2003 as contained in Annexure -4 is contrary to the precedent laid down by this Court in the aforesaid judgment. Accordingly, the orders of the Board bearing Memo No. 97 dated 24.1.2003 superannuating the petitioner with effect from 31.7.2003 is quashed and it is held that petitioner continued in service until 31.7.2004. Besides continuity in service petitioner shall also be entitled to backwages for a period of one year, and the arrears should be paid to the petitioner at the earliest in any case within three months, from the date of receipt of a copy of this order.