SHEOJI SINGH Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) IN this writ petition, the petitioner seeks quashing of annexure -4 the order dated 30.3.2001 issued by the Electrical Superintending Engineer Supply Circle, Deoghar informing the petitioner that his age has been fixed as 57 years on the basis of the assessment made by the medical board on 6.12.99.

(2.) THE petitioner's case is that he was appointed under the respondents and at the time of appointment his date of birth was recorded in the service book as 17th September, 1944. The petitioner is still in service under the respondents JSEB. According to age assessed by the Medical Board the petitioner would retire on 30th September, 2000. But according to the petitioner, on the basis of his age recorded in the service book he will be retired on 6.12.2002. Further case of the petitioner is that at the time of his appointment he produced a medical certificate obtained from the Medical Officer in which his age was shown as 19 years.

(3.) IN the counter -affidavit filed by the respondents the claim of the petitioner in the writ petition has been disputed. Their stand is that the petitioner was medically examined on 6.12.99 and he was found to be of 57 years of age. They have also alleged that since the matter involved is a disputed fact, this Court can not decide the same in writ jurisdiction. It has also been averred by the respondents that the school leaving certificate of the petitioner which shows his date of birth as 17.9.44 was never produced before them at any earlier occasion particularly when he joined his service. They have alleged that such certificate was produced by the petitioner only before the medical board which is also contradicted by the certificate of the Doctor which was produced at tho time of appointment. It is also the case of the respondents that 17.9.1944 was mentioned in the service book without any basis and, therefore, the matter was referred 10 the medical board for assessment of the age of the petitioner.