M.Y.EQBAL, J. - (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.
Petitioner was appointed on the post of Tractor Operators in the year 1964. According to the petitioner, at the time of his appointment he disclosed his age as 45 years, which was entered in different records of the respondents. According to the petitioner, in 1964, when he entered in service he was aged about 19 years. In 1965 petitioner also submitted an affidavit stating his date of birth as 6.9.1945. In 1971, service book of the petitioner was opened by the respondents, wherein the age of the petitioner was recorded as 26 years. According to the petitioner, therefore, in 1964 he was 19 years of age and in 1971, when service book was opened he was 26 years of age and in the service book, it was rightly mentioned that in 1971 his age was 26 years. Inspite of all these facts, the impugned letter of superannuation was issued by the respondents treating the age of the petitioner as 26 years on the date of his appointment, which took place in 1964.

(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 : - -
'Para 10. - -That the Committee in its report in respect of the petitioner submitted that the date of appointment of the petitioner is 5.9.1964 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 book reads as 26 years, based on the statement of the petitioner, without any certificate. Para 11. - -That the appropriate authority under Board's Standing order No. 783 dated 25.7.1997 issued his decision vide letter No. 764 dated 16.6.2000 that the petitioner might have retired from the service of the Board with effect from 30.9.1998 taking his age 26 years on 5.9.1964, according to which his date of birth will be 5.9.1938. The General Manager, Patratu Thermal Power Station has also been asked to send a confirmation report to this effect.'