MD ISA Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Heard Counsel for the parties.

(2.) Being aggrieved by an order dated 5.2.1997, passed by the Executive Engineer, Mechanical Division (Irrigation), Chandil, district Singhbhum (respondent No. 4), as contained in Annexure -6, retiring him from the post of helper on 31.10.1997, the petitioner has filed this writ petition. His grievance is that his date of birth is 2.10.1949 and as such he is entitled to continue in service upto 2007.

(3.) The petitioner was employed in 1968. At the time of entering into service he was medically examined on the basis of which he was declared to be of 24 years old in 1968. His Service Book was also prepared and according to the petitioner, 2.10.1949 was mentioned as the date of his birth therein. As he was transferred from one place to another, his Service Book also followed him from place to place, but in the year 1995 it was discovered that his Service Book was not returned to Adityapur, to which place he was transferred. Apprehending foul play, he went on Dharna in 1995. Vide letter dated 25.4.1995, he was assured by the Superintending Engineer, Sawarn Rekha Bandh Anchal, Chandil (respondent No. 5) that attempts are being made to trace out his Service Book and if it was not possible to do so, the guilty person, who was responsible for its loss shall be punished. However, neither the Service Book was traced out nor any action was taken against the persons, who were responsible for its loss, and a duplicate Service Book was prepared in which 2.10.1939 has been mentioned as the date of birth of the petitioner on the basis of which the impugned order of retirement has been issued.