S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by the petitioner against the order dated 23rd March, 2001, communicated, vide Memo No. 732 dated 12th April, 2001, whereby and where under, the respondents decided to recover a sum of Rs. 60,373/ - from the Gratuity and leave salary of the petitioner.
(2.) AS the case can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one. The petitioner was a Forest Guard under the respondents and was made to superannuate w.e.f. 31st January, 1997 by an order dated 7th March, 1998. Against the order of superannuation, the petitioner moved this Court in CWJC No. 1009/98(R) and raised dispute relating to date of birth, as recorded in the Service Book.
(3.) THE respondents, on appearance, took plea that it was within the knowledge of petitioner that the date of birth in the service book was changed from 16th January, 1944 to 16th January, 1939 still was suppressing the fact he continued to work beyond the period of superannuation upto 7th March, 1998 when the order was issued.;