RAM LAKHAN MAHTO Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This writ petition has been preferred seeking quashing of letter contained in Memo No. 84 dated 31.01.2003 issued by Electric Executive Engineer, Electric Supply Circle, Pakur, whereby and whereunder, the petitioner has been made to retire w.e.f. 31.07.2003 and for other relief's. The petitioner was appointed as Lineman in Bihar State Electricity Board and he joined duty on 15.09.1964. The date of birth of the petitioner has been recorded in the service book as 08.09.1946. It has been averred in the writ petition that since the petitioner had no documentary evidence of his date of birth at the time of joining the service, he was medically examined by the Medical Board and as assessed by the Medical Board his date of birth was recorded as 08.09.1946 in his service book. Relevant extract of the service book, which has been signed by the Electrical Engineer, Rural Electric Supply Division has been filed as Annexure-1. This records the date of birth of the petitioner as 08.09.1946.

(2.) It appears from the writ petition that in the year 2000, the petitioner was directed to appear before the Medical Board for assessment of his age. No reasons was assigned by the respondents why the petitioner was directed to appear before the Medical Board for assessing his age after more than 35 years of service. The decision of the Medical Board was never communicated to the petitioner and vide letter dated 31.07.2003 the petitioner was intimated by the Electrical Executive Engineer, Electric Supply Circle, Pakur that he would be superannuated w.e.f. 31.07.2003. The petitioner was directed to made available all the relevant papers so that his retrial benefits can be given to him. Aggrieved by letter dated 31.01.2003, the petitioner has filed the present writ petition seeking quashing of the aforesaid letter issued by the Electrical Executive Engineer.

(3.) A counter-affidavit has been filed on behalf of the respondents-the Jharkhand State Electricity Board, sworn by one Mr. Ashok Kumar Mishra, who was posted as Law Officer in Jharkhand State Electricity Board, Ranchi. Nowhere in the counter-affidavit the averment made in the writ petition particularly in paragraph No. 8 of the writ petition has been denied by the respondents. Paragraph 8 of the writ petition is extracted herein below: