- (1.) THE present writ petition has been filed for issuance of a writ in the nature of certiorari restraining the respondents from giving effect to REF No. B.C.C.L./BC/PER/2001/622 dated 30.12.2001 whereby and whereunder the respondents have informed the petitioner that he shall be superannuating on 30.6.2002 on attaining the age of sixty and further be pleased to issue a writ in the nature of mandamus directing the respondents to pay to the petitioner his salary other dues payable to him till 31.12.2002.
(2.) THE short point in issue for consideration is that admittedly the date of birth was not earmarked either with the respondent authority or with the petitioner. In such situation, what should be the criteria? The counsel for the respondents says that as per the Certified Standing Orders for Workmen of Establishment under B.C.C.L. relating to record of age the 1st of July, 2002 shall be taken as the date of birth since he superannuated on 30.6.2002.
(3.) BE that, as it may, the counsel for the petitioner has cited a judgment of the Hon'ble Patna High Court in the case of Ganesh Ram @ Ganesh Dushad vs. State of Bihar and Ors. as reported in 2000(2) BBCJ page V -128 to suggest that in such situation if the service book does not clearly mention the date of birth the petitioner should continue till the last date of retiring year.;