AMARESHWAR SAHAY, J. - (1.) HEARD the learned counsel for the petitioner and the respondents.
(2.) PRAYER in this writ petition is to quash the order as contained in Annexure -4 dated 19.6.1999 by the Dy. Director of Personnel, Dhanbad Area Electricity Board, Dhanbad, whereby the claim of the petitioner to treat his date of birth as 23.1.1938 has been rejected. The petitioner had moved this Court earlier in CWJC No. 1517 of 1997 (R), which was disposed of by order dated 20.5.1998. The relevant portion of the said order reads as follows : - - "The date of birth mentioned in the service book was being doubted by the authorities as some sort of marks were there, but the same has not been investigated as to how those marks were there. If there were any confusion in the mind of the authorities of the BSEB, they should have made an enquiry after an opportunity of hearing to the petitioner, but without basing on the service book or without hinging the date of birth in the service book, on the basis of leave accounts register, the petitioner was made to superannuate, when he was to retire in the month of January, 1998 as per the date of birth mentioned in the service book. Total arbitrary procedure has been adopted by the BSEB authorities on the face of it. The date of birth without being changed in the service book after giving an opportunity of hearing to the petitioner, petitioner would not have been made to superannuate prematurely. Hence, Annexure -5 -is definitely illegal on the face of its as it not only violated the natural justice but also the established principle of law. Now, practically, the petitioner is not going to be taken into service as admitted position remains that even if the petitioner 'sdate of birth is 25.1.1938 then also the petitioner is to retire in the month of January, 1998 but for prematured retirement the petitioner has definitely lost consequential reliefs, pay etc. to January, 1998. Annexure -5 is hereby quashed and the BSEB authorities are hereby directed to make enquiry after giving an opportunity of hearing regarding fixing of date of birth unless they rely on the date of birth mentioned in the service book as per general law without any other standing orders of the BSEB, then they can proceed for an enquiry after giving an opportunity of hearing to the petitioner and the same should be concluded within three months next from the date of presentation of a copy of this order from the side of the petitioner before the respondent No. 2. If the petitioner 'scontention does not find favour then the respondent No. 2 must pass speaking order and if it is found that the petitioner was to retire in the month of January, 1998 then all consequential benefits from the date when he had been prematurely retired should be made available to the petitioner within three months next thereafter."
(3.) THEREFORE the dispute is as to whether the date of birth of the petitioner is 23.1.1933 or 23.1.1938?;