SULEMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Jai Prakash, learned Counsel for the petitioner and Mr. Rajiv Kumar, JC to G.P.I. and also Mr. V. Shivnath, learned Government Pleader No. l.

(2.) In this writ application, the petitioner has impugned the order dated 1.9.1995 as contained in Annexure 7 by reason of which he has been directed to refund the salary paid to him for the period 16.6.1988 to 30.6.1994 on the ground that his year of birth being 1930, he ought to have retired in the year 1988. The petitioner has also prayed for a direction to the respondents to correct the date of birth of the petitioner in the service book.

(3.) On 16.4.1960, the petitioner was appointed as a Grade IV employee in the office of the Additional Collector in the Collectorate of Dhanbad. As per his School Leaving Certificate, (Annexure 2) his date of birth is 11.4.1940 which is subsequently supported/Confirmed by the Gradation List published by the authorities. In the Gradation List, the petitioner has been shown at serial No. 84 with the date of birth as 11.4.1940.