(1.) Heard learned counsel for the petitioner as well as learned counsel for the Respondent-State.
(2.) The petitioner has been made to retire under Office Order dated 08.07.2006 issued by the Executive Engineer, Gandak Yojana retrospectively w.e.f. 31.12.2004. The petitioner has challenged the said order.
(3.) It is the petitioner's case that the Service Book of the petitioner contained an entry with respect to his date of birth. Accordingly, his date of birth should have been taken by the Authorities as 1948. Instead thereof Authorities have proceeded to consider the petitioner's date of birth as being 04.12.1946. On such basis the petitioner has wrongly been made to retire ignoring the entry of date of birth in the petitioner's Service Book.