DEVI DAYAL GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned Standing Counsel No. 1 for the State.

(2.) THE petitioner is aggrieved by the Force Order No. 588/98 dated 8.9.98 communicated by Memo No. 493 dated 23.9.98 by which the date of birth recorded in his Service Book as 1.1.1948 has been changed to 15.2.1946 and accordingly he has been superannuated from service with effect from 14.2.2004. THE petitioner also seeks quashing of the Memo No. 3006 dated 1.10.2003 by which his representation for accepting his date of birth as 1.1.1948 has been rejected and for other consequential reliefs.

(3.) IN view of the aforesaid decision which covers the facts and issues involved in the present matter the impugned orders dated 8.9.1998, 23.9.98 and 1.10.2003 are quashed and the authorities are directed to treat the date of birth of the petitioner as 1.1.1948 and reinstate him in service forthwith However, taking into consideration the conduct of the petitioner for the period during which the petitioner has remained out of service he shall not be entitled to the salary. It is directed that he shall not be entitled to any salary since he has not worked during the period.