KASHI RAM Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner has challenged the order dated 19.5.1995 contained an Annexure -1 by which he has been superannuated w.e.f. 30.6.91.

(2.) THE facts necessary for giving rise to the present application are that the petitioner was appointed as Low Tension Fuseman in the Bihar State Electricity Board (in short the Board) and later on he was promoted to the post of Junior Linesman and thereafter Selection Grade Linesman. According to the petitioner his date of birth is 11.6.36 and as such he should superannuate on 30.6.96 whereas according to the department the date of birth of the petitioner in service book is 11.6.1931. It appears that the Director Personnel after coming to know about the aforesaid interpolation in the service book of the petitioner made an enquiry and found that the date of birth of the petitioner is 11.6.1931 and not 11.6.1936 and thereafter he directed the concerned Executive Engineer to issue an appropriate order and in pursuance of which Annexure -1 has been issued by the Executive Engineer behind the back of the petitioner by which he has been retired w.e.f. 30.6.91 treating his date of birth as 11.6.1931.

(3.) LEARNED counsel for the petitioner submits that the decision by the Director, Personnel of the Board treating the petitioner's date of birth as 11.6.1931 in place of 11.6.1936 has been taken behind the back of the petitioner. He has also submitted that as admittedly the petitioner has worked upto 19.5.93, he is entitled for the salary upto the aforesaid period. The subsequent decision taken by the authorities to deduct the aforesaid amount paid to the petitioner from the post retirement benefit is not permissible in law.