BHAGIRATHI SINGH Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner has challenged the validity of order dated 04.09.2003, whereby he has been made to retire on 31st January, 2004.

(2.) The petitioner was appointed as Foreman in the year 1965 at Patratu Thermal Power Station, Patratu. On 17.11.2000, the petitioner was directed to appear before the Medical Board for determining his date of birth. Again on 01.02.2001 and 21.06.2001, the petitioner was directed to appear for medical check up. The petitioner got himself examined in the Rajendra Institute of Medical Sciences (R.I.M.S.), Ranchi on 01.02.2003, when his age was assessed as 57 years as on January, 2003. However, by order dated 04.09.2003, the petitioner was made to superannuate w.e.f. 31.01.2004 on the basis of his date of birth recorded in the Service book as 06.01.1944. The petitioner has submitted his representation on 10.12.2002, however, his representation was not decided and he, in terms of order dated 04.09.2003, was made to retire w.e.f. 31.01.2004 and therefore, the petitioner was constrained to move this Court.

(3.) A counter affidavit has been filed on behalf of the respondents, stating that in the year 2001, when the matter of tempering of date of birth in the Service book of several workmen came to the notice of Patratu Thermal Power Station, 126 workmen were directed to undergo medical examination for determination of their age. However, the union of said workmen moved the High Court in C.W.J.C. No. 290 of 2001 titled Bihar Rajya Vidyut Mazdoor Union Vs. Bihar State Electricity Board & Ors. contending that they cannot be directed to appear before the Medical Board at the verge of their retirement. The writ petition was disposed of with a direction to the employees to furnish documentary evidences in support of their age to the authority and if the authority was not satisfied with the documents furnished by the employees, then the authority was permitted to direct the employees to undergo the medical examination. The Bihar Rajya Vidyut Mazdoor Union preferred Letters Patent Appeal, which was disposed of on 24.02.2003 constituting a one man Tribunal to examine/scrutinize and consider the cases of all the workmen for determining their date of birth and if necessary for undergoing medical examination. It was further ordered that if a workman does not have any documentary evidence in support of his date of birth and if the Tribunal finds that there is no need to refer the workman to the Medical Board, the date of birth recorded in the Service book would be considered conclusive. Pursuant to the direction passed by the High Court in L.P.A. No. 20 of 2002, the petitioner did not appear before the Tribunal and as such, his date of birth as recorded in the Service book on 06.01.1944 was accepted and he superannuated from service w.e.f. 31.01.2004.