S.J.MUKHOPADHAYA, J. - (1.) THE appellant was in the services of the Bihar State Electricity Board, Patna, now Jharkhand State Electricity Board, Ranchi (hereinafter to be referred as 'JSEB '). His age was assessed by the Medical Board between 55 -57 years (56 years) as on 3rd November, 1999 vide report dated 3rd November, 1999. It was informed to the appellant by letter dated 1st April, 2000. On the basis of the said assessment of age, the appellant was ordered to superannuate. The letter dated 1st April, 2000, communicating the said assessment of the appellant 'sage, was challenged by the appellant in the writ application. But the learned Single Judge refused to interfere with the same, on the ground that the appellant appeared before the Medical Board without any objection and did not challenged the order of assessment of his age for about three years.
(2.) LEARNED Counsel for the appellant submitted that the order, assessing the age of the appellant was communicated to him vide letter dated 1st April, 2000 and there was no laches on his part in approaching this Court, There is, thus, no delay of three years, as observed by the learned Single Judge. He further submitted that in any case, the date of birth, as recorded in the service book, can not be changed without giving a notice, but the respondents never informed the appellant that they are intending to alter the date of birth of the appellant to his disadvantage on the basis of the said assessment of the Board and surprisingly, the appellant was made to superannuate prematurely on the basis of the said arbitrary alteration in the date of birth. To ascertain the position, the Court called for the original service book of the appellant. From perusal of the same, it appears that after appointment of the appellant, when the service book was prepared, his date of birth was recorded as "18th March, 1945" (Eighteenth March nineteen hundred forty five). After assessment made by the Medical Board, without notice to the appellant, his date of birth was changed to 3rd November, 1943 by the Electrical Executive Engineer, Electric Supply Division, Deoghar on 29th March, 2000 i.e. prior to the impugned letter dated 1st April, 2000. The respondent first changed the date of birth in the service book without notice to the appellant and without obtaining his thumb impression/signature arid then communicated him the said alteration in the date of birth/age and then made him to superannuate on the basis of said changed date of birth, after filing of the writ petition.
(3.) LEARNED Counsel for the respondents referred to a decision of the Supreme Court in the case of State of Punjab V/s. S.C. Chadha, reported in (2004) 3 SCC 394 and submitted that the appellant can not request to correct the date of birth at the fag end of his service career.;