NIMMI MINZ Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, a teacher of primary school, has preferred this application for direction on the respondents to pay salary, as stated to be due since 1997. The respondents on appearance filed counter -affidavit and took plea that the petitioner superannuated on 30th December, 1996. In this respect, they also enclosed a copy of order issued by DSE, Lohardagga, communicated, vide Memo No. 565, dated 26th April, 2000. The said order has been challenged by petitioner by filing a petition for amendment of prayer,

(2.) FROM the pleading made by the petitioner and enclosures attached thereto, it will be evident that the date of birth of petitioner was recorded in the Service Book (Annexure 4), as 30th December, 1936. It appears to have been opened on or before January 1992. It is on the basis of such date of birth i.e. 30th December, 1936, the respondents treated the petitioner to have retired from service on 30th December, 1996, having attained the age of 60 years and not -paid salary for the period from April 1997.

(3.) UNDER the Rules framed by the State, a person stands compulsorily retired from the service/stands superannuated on attaining the age of superannuation (60 years in the case of a teacher). Once a person superannuated from service, cannot apply for correction of date of birth, he/she being no, more in service.