(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents.
(2.) Learned counsel appearing for the petitioner submits that the petitioner was appointed as Ward Servant in Ranchi Medical College and Hospital, Ranchi in the year 1974. Subsequently in the year 1979, service roll of the petitioner was opened whereby date of birth of the petitioner was recorded as 13.9.1959 but later on it was penned through and was substituted as 13.5.1950 and this assertion gets substantiated from the fact that the same date of birth i.e. 13.9.1959 has been recorded in the seniority list but the petitioner was made to retire on 31.5.2010 taking the date of birth of the petitioner as 16.5.1950 which action is not only arbitrary but also illegal.
(3.) A counter affidavit has been field wherein excerpt of the service record has been annexed wherein the date of birth of the petitioner has been recorded as 16.5.1950. It be noted that in the said service excerpt date of birth recorded in English as 13.9.1950 has been penned through and in that place date of birth has been recoded in Hindi as 16.5.1950 but there does not appear any cutting or overwriting over the figure of the year 1950 and as such there appear to be no substance in the contention that in the year 1959 has been changed to 1950. Moreover, at the time of employment, the petitioner was medically examined for assessment of his age whereas he was found 24 years of age on 16.5.1974 which corresponds the date of birth of the petitioner as 16.5.1950.