SHEO SHANKAR VISHWAKARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE case relates to date of birth on the basis of which the appellant has been retired from service w.e.f. 31st July, 1999.

(2.) BEFORE the learned single Judge, the writ petitioner -appellant contended that he was in continuous service of the State since 1959 -60 and his date of birth mentioned in the matriculation certificate is 1st August, 1942. The respondents illegally and unreasonably taken the date of birth of petitioner as 1941 and superannuated him one year before.

(3.) LEARNED single Judge while considering the facts and circumstances, observed that there being disputed question of fact, the issue cannot be adjudicated by this Court in exercise of its writ jurisdiction with liberty to writ petitioner -appellant, if so advised, to file suit before the civil Court of competent jurisdiction.