- (1.) HEARD counsel for the appellant as well as the State. The appellant is aggrieved by the order passed in Civil Review No. 102/2004 dated 16th April 2010, whereunder the learned Single Judge did not find any apparent error in the order passed by the learned Single Judge in the writ petition being WPS No. 100/2002. The order passed by the learned Single Judge in the writ petition is annexed as Annexure -4 to the present appeal.
(2.) THE background for this appellant to move before the learned Single Judge was issuance of a District Order No. 1593/01 circulated vide Memo No. 3985 dated 04th December 2001, whereunder the Superintendent of Police, Hazaribagh had held that the petitioner was liable to retire with effect from 31st July 1999, as also it was ordered that the excess amount paid to him towards salary, shall be deducted from his retrial benefits. Learned Single Judge in the writ petition, found that on the petitioner's representation, his date of birth was mentioned as 24th July 1942, but subsequently, he produced School Leaving Certificate wherein it was shown as 24th July 1945.
(3.) IN the aforesaid background, since the issue related to adjudication of the disputed question of facts, learned Single Judge was not inclined to interfere in the writ petition. However, while disposing of the writ petition, it was directed that since the petitioner had worked till 04th December 2001, respondent should not recover the amount on the ground that the petitioner was paid excess for the period he had worked beyond the period of retirement. It was further directed that the retiral benefits should be paid to the petitioner treating his date of retirement as 31st July 1999, but for the period from 04th December 2001 and onwards, without any recovery. The writ petitioner thereafter preferred a Civil Review. The learned Single Judge in the impugned order, did not find any error apparent on the face of the record in the order passed in the writ petition.;