- (1.) HEARD the counsel for the parties.
(2.) THE petitioner has prayed for quashing the office order dated 17.8.99 as contained in annexure 6 to the writ application whereby the petitioner was informed that he has already superannuated with effect from 31.1.98 and further for quashing the order dated 24.12.99 by which the respondents have decided to deduct a sum of Rs. 1,18,018/ - being salary of the petitioner after superannuation from the amount of gratuity and group insurance. Facts of the case, in brief, are that the petitioner was appointed as an Assistant teacher in 1960. The date of birth of the petitioner as recorded in the matriculation certificate was 3.1.1938, However, service book of the petitioner was opened in 1962 wherein the date of birth was recorded as 3.1.1943. The petitioner continued in service and he was promoted to the post of Headmaster. As per the matriculation certificate the petitioner had to superannuate with effect from 31.1.98 but even thereafter the petitioner continued in service till August, 1999 when the impugned order was issued by the respondents informing the petitioner that he was already superannuated with effect from 31.1.98.
(3.) IN the counter affidavit filed by the respondents it is stated that the petitioner who was a teacher in Govt. Middle School, Giridih changed his date of birth from 3.1.1938 to 3.1.1943. It is contended that the petitioner was bound to retire in 1998 on the basis of his date of birth mentioned in the matriculation certificates. However, when the relevant records i.e. the matriculation certificate and the service book of the petitioner was checked and verified, it was detected that the petitioner was continuing in service even after attaining the age of 60 years. The petitioner was immediately directed to file documents which the petitioner did not do and consequently the impugned letter was issued and also a decision was taken to deduct the aforesaid amount being the salary of the petitioner which was paid to him from February, 1998 to November, 1998.;