- (1.) THIS appeal has been filed by the Jharkhand State Electricity Board against the judgment and order dated 15th October, 2003 passed by the learned single Judge on the writ petition filed by respondent No. 1 herein being W.P. (S) No. 5727 of 2002. By the said order, the learned single Judge allowed the writ application, quashed the order impugned in the writ petition and directed that the writ petitioner would be entitled to remain in service till he attains the age of 60 years on the basis of the age recorded in the Service Book.
(2.) AS will appear from the materials on record, the writ petitioner was appointed by the appellants and his Service Book was opened on 21st June, 1975 in which his date of birth is recorded as 12th October, 1945. After 25 years of service i.e. on 14th December, 2000, the writ petitioner was made to undergo medical examination by a Medical Board which determined his age as 60 -62 years and, thereafter by memo dated 24th January, 2001, the petitioner was made to superannuate with effect from 31 st December, 1999. Challenging he said order of superannuation, the petitioner contended in the writ petition that once his date of birth had been recorded in his Service Book as 12th October, 1945, there was no further need for his examination by a Medical Board after 25 years. It was also contended on behalf of the petitioner that although the date of birth recorded in the Service Book was sought to be disputed, no enquiry was ever conducted with regard to such dispute and, in any event, the date of birth, once recorded in the Service Book, should not have been altered without any opportunity of hearing being given to the petitioner.
(3.) ACCEPTING the submissions made on behalf of the writ petitioner, the learned single Judge allowed the writ application and quashed the order by which the petitioner had been superannuated and also directed that he should continue in service till he attains the age of 60 years on the basis of the age recorded in the Service Book.;