GORAKH NATH UPADHAYAY Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, Mr. Ajit Kumar, learned counsel for the Bihar State Electricity Board and Mrs. I. Sen Choudhury, learned counsel for the Jharkhand State Electricity Board.

(2.) PETITIONER has prayed for quashing the office order dated 10.5.2001 as contained in Annexure 5 to the writ application, whereby he has been directed to be superannuated with effect from 30.9.1998 taking his age as 26 years on the date of his appointment.

(3.) A counter affidavit has been filed by the Jharkhand State Electricity Board, wherein it is stated that on receipt of the information from the reliable sources that the date of birth appearing in the service -book of the workers of the Electricity Board are being tempered/manipulated/overwritten and even recorded without satisfactory proof of age, the Bihar State Electricity Board constituted committee for examining the service book in general. The Committee submitted his report and in the report it was mentioned that the date of appointment of the petitioner is 5.9.64 and the date of opening of service book is 20.3.1971 and the date of birth column of the introducing page of the service reads as 26 years, based on the statement of the petitioner, without any certificate. The appropriate authority of the Board, on the basis of the report, issued impugned order of superannuation of the petitioner with effect from 30.9.1998 taking his age as 26 years on 5.9.1964. For better appreciation paragraphs 10 and 11 of the counter affidavit filed by respondent Nos. 1, 2, 4 and 5 are reproduced herein below : - -