BIHAR STATE ELECTRICITY Vs. SITA RAM PATHAK

JUDGEMENT

(1.) IN this Letters Patent Appeal, under clause 10 of the Letters Patent of the Patna High Court, the challenge is against the legality and validity of the judgment of the learned Single Judge, dated 17.11.2006, passed in CWJC No. 2844 of 1998.

(2.) THE original writ petitioner, respondent herein, by filing the aforesaid writ petition sought a direction against the appellant Bihar State Electricity Board (Board) to treat 10.2.1938 to be his date of birth, and not 4.6.1936 and he also questioned the legality of Order no. 289, dated 30.9.1997, whereby, he came to be superannuated treating 4.6.1936 to be his date of birth, after allowing almost more than 16 months ' period beyond the period of service, in view of the change made in the service book well in time.

(3.) THERE is no satisfactory explanation as to why despite the correction of the birth date in the service record effected by the Electrical Executive Engineer, as early as 1984, the original writ petitioner was allowed beyond the period of 30.4.1996 till 30.9.1997. It has been contended before us that the person who entertained the application and corrected the date of birth is not the competent authority. Where was this plea lying for almost 12 years?