BISHWANATH SINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD Learned Counsel for the parties. Petitioner seeks quashing of communication dated 15.9.2006 contained in Annexure -11 by virtue of which he has been directed to file his pension papers as he was supposed to superannuate from 30.9.2007. Petitioner's grievance is that at the time of entry into service, based on School Leaving Certificate, his date of birth has been recorded as 22.3.1952 in the service book. The above entry seems to have been found reflected in many documents including Annexure -6 which is the P.F. Contribution as well as the Civil List of unskilled Khalashi contained in Annexure -7. In terms of the recorded date of birth the petitioner can only be ordered to superannuate in the year, 2012. Petitioner was quite surprised to receive a decision of the kind and after certain endeavors he came to know that on 29.8.1997 a correction was made in his date of birth by the respondents which stood changed to 27.9.1947 as would be evident from Annexure -9. Petitioner's case is that this is unilateral change incorporated in his service book without any notice or opportunity of hearing to him.

(2.) IF the service book initially at the time of entry into service in the year, 1972 did accept and reflect 22.3.1952 as the date of birth then there is no occasion to refix the same after many many years on a so -called medical fitness certificate which was issued by a Civil Assistant Surgeon at the time of appointment. It was open to the respondents if they so wanted, to refix the age and date of retirement based on the medical fitness certificate contained in Annexure -2 at the point of entry into service but the same cannot be invoked after more than two decades to unsettle a settled position and that too without any information and opportunity to petitioner.

(3.) THE basic stand of the respondents could have been appreciated or upheld by the Court provided the respondents had relied on the medical fitness certificate issued by Civil Assistant Surgeon at the time of entry into service of the petitioner under the respondents. But since the petitioner had furnished School Leaving Certificate which was accepted and the same stood recorded in the service record then it is difficult for this Court to hold that a chance discovery made by the respondents would entitle them to unilaterally change the date of birth of the petitioner based on Annexure -2.