BAIJNATH SINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) 1. In this writ application the petitioner, has prayed for quashing the order dated 17 -1 -1997 passed by respondent No. 3, the Electrical Executive Engineer, Electric Supply Division, Dhanbad by which the petitioner has been allowed to retire with effect from 31 -8 -1997 although, according to the petitioner, his date of birth as entered in the service book is 16 -7 -1940.

(2.) The case of the petitioner is that he was employed in Jharia Electric Supply company as a meter reader. After merger of the said company in Bihar State Electricity Board in the year 1971, the service of the petitioner was taken over by the Board along with other employees of the then Jhania Electric Supply Company. It is stated that in the year 1982, service book of the petitioner was opened and his date of birth was recorded as 16 -7 -1940 on the basis of his date of birth. On the basis of the said, service book, the petitioner is alleged to have availed all the benefits in his service since 1982 till date. In support of his date of birth, the petitioner has filed copy of the school certificate as Annexure -2 to the writ application. Petitioner's further case is that in the year 1993, his salary was abruptly stopped by the Board to which he protested and thereupon he was informed that his salary has been stopped due to non -availability of his service book. However, the petitioner submitted his school leaving certificate revealing his date of birth as 16 -7 -1940. Thereafter, the petitioner was regularly paid his salary. It is stated that all on a sudden an office order was issued on 17 -1 -1997 under the signature of respondent No. 3 which the petitioner was informed that he is going to retire with effect from 31 -8 -1997. It is stated that the action of the respondents is illegal and without jurisdiction. According to him, his date of birth as recorded in his service book is 16 -7 -1940 and, as such, he was to retire on 31 -7 -1998. The petitioner has filed representation on 23 -4 -1997 but no action has been taken by the respondents -authorities.

(3.) In the counter -affidavit filed by the respondents, it is stated, inter alia, that the Deputy Director, Personnel, Area Electricity Board, Dhanbad vide letter dated 28 -3 -1997 directed the Executive Engineer of Dhanbad division for confirmation of the date of birth of the petitioner from G.A. High School, Arwal and submit report to this effect. Pursuant to that a report was submitted with regard to the inquiry made. It was reported that the date of birth of the petitioner has been entered as 7 -3 -1937 in the school register. However, the same has been struck out and by red ink the date of birth has been entered as 16 -7 -1940. It is stated that on the basis of the report submitted by the Executive Engineer, the petitioner was given show -cause notice with regard the date of birth vide letter dated 22 -1 -1994. It is further stated that on 21 -9 -1994 a meeting of the Date of Birth Determination Committee was convened and all the matters of dispute have been considered by the Committee. In the said meeting, it was decided that the date of birth of the petitioner is 7 -3 -1937 and accordingly the Superintending Engineer, Dhanbad was directed to enter the said date of birth in the service book of the petitioner. Respondents' further case is that the General Manager -cum -Chief Engineer, Area Electricity Board, Dhanbad vide letter dated 2 -3 -1995 sent the matter with regard to determination of the date of birth of the petitioner to the Secretary, Bihar State Electricity Board, Patna for proper direction and it was decided that the date of birth of the petitioner shall be 7 -3 -1937.