S.J.MUKHOPADHAYA, J. - (1.) THE petitioner has challenged the order No. 18, dated 31st May, 2001, communicated vide Memo No. 2938 -41, dated 31st May, 2001, whereby and where - under, the petitioner has been intimated the date of superannuation as 31st May, 2001.
(2.) THE grievance of the petitioner is that respondent Judicial Commissioner, Ranchi has issued the impugned order, superannuating the petitioner w.e.f. 31st March, 2001, without taking into consideration the actual date of birth as recorded in his service book and the matriculation certificate. In terms with Courts order the original service book of the petitioner was produced on 21st June, 2001. The Court made the following observations ; - - "From the 2nd page of service book, prima facie, it appears that the date of birth of petitioner was recorded as 18th May. 1945 on the basis of matriculation certificate. Therein, it has also been recorded that the petitioner has passed matriculation examination. The said page seems to have been interpolated and the digit 5 has been changed to digit 3 and thereby the date of birth, prima facie, seems to have been changed from 18th May, 1945 to 18th May, 1943. It cannot be presumed that the petitioner made such interpolation in the date of birth to his advantage. The Matriculation Certificate issued in the year 1960, passing of which recorded in the service book shows the petitioners date of birth as 18th May, 1945. By the impugned order, dated 31st May, 2001, the learned Judicial Commissioner, Ranchi has not dealt the aforesaid matter, nor made it clear as to whether any minimum age for entry in the services of the State was prescribed by the State or not, when the petitioner was appointed. Place the case for further hearing under the heading for admission on 4th July, 2001. The respondents will file counter - affidavit in the meantime. The service book produced, is returned with direction to the respondents to get the same ready for placing it before the Court on the next date. Let a copy of this order be handed -over to Mr. B. Poddar, learned AAG for communication to Judicial Commissioner, Ranchi."
(3.) THE respondents in their counter -affidavits have given details of service history of petitioner, as mentioned below.;