- (1.) HEARD the parties.
(2.) PETITIONER has prayed for quashing the order dated 21.6.2004 (Annexure -5) issued by respondent No. 4 whereby his representation has been rejected and it is held that petitioner will superannuate on 30.9.2004. Petitioner 'scase is that his age recorded in the service book and other records was 28 years when he joined in his service on 18.10.1977 and accordingly he will retire after completion of 60 years on 17.10.2009 but at the fag end of his service he was asked to appear before the Medical Board and accordingly he appeared on 11.9.1999 where the petitioner 'sage was assessed 54 -56 (55 years) on 11.9.1999 and accordingly he has been made retire on 30.9.2004. In this way, he is made to retire five years before his actual date of retirement. It is further submitted that petitioner 'scase is covered by the case of Permanand Singh V/s. Bihar State Electricity Board. reported in 2001 (2) SCC 191.
(3.) THE stand of the respondents is that on receipt of information that the date of birth in the service book maintained by the Board is being manipulated/ tampered/overwritten/erased at the behest of concerned workmen with mala fide intention to remain in the service beyond due date of retirement. B.S.E.B. constituted a committee to examine the service book in general and date of birth in particular vide office order dated 3.8.1995. About 50 cases were found doubtful. The committee found that different dates were recorded in the service book. Accordingly, a notice dated 1.4.1999 was issued to petitioner for appearing before the Medical Board. Petitioner appeared before the Medical Board on 11.9.1999. In the Medical Board, the head of the departments of. Forensic Medicines. Radiology and Orthopedics of Patna Medical College and Hospital were there including the Medical Officer of the Board. Medical Board assessed petitioner 'sage on 11.9.1999 to be 54 -56 (55 years). Accordingly on 18.8.2000 this age was endorsed in the service book. Accordingly, notice of superannuation dated 12.4.2003 was issued to the petitioner. This he challenged in WPS No. 2258 of 2004. The matter was remanded and thereafter the impugned order dated 21.6.2004 has been passed. According to the respondents, petitioner raised his grievance about the said change of his date of birth in the service book after about 3 and 1/2 years. It is further submitted that in similar circumstances, when the employee appeared before the Medical Board, this Court held that the decision of Medical Board will be binding on the employer as well as employee. Respondents relied on a judgment dated 16.4.1999 passed in CWJC No. 3419 of 1999 in the case of Ram Singh V/s. B.S.E.B.. (Annexure -C -A/5). It is lastly submitted that petitioner having not challenged the decision of the Medical Board, he cannot challenge the subsequent order passed by the respondents on the basis of the report of Medical Board.;