- (1.) THE present petition has been preferred mainly for getting extension of date of retirement. As per management, date of birth of the petitioner is 4th April, 1949 and consequently, his age of retirement is 30th April, 2009. The petitioner is in search of one decade more service period and, therefore, the present petition has been preferred.
(2.) HAVING heard learned counsel for both the sides and looking to the counter affidavit and submissions, I see no reason to entertain this petition mainly for the following facts and reasons: (i) It appears that the present petitioner was initially appointed as CLass -IV employee as a casual labourer. An application was given by the present petitioner, which is at Annexure -1 to the counter affidavit, filed by respondent nos. 2, 3 and 4. The date of birth of present petitioner revealing in this document as 4th April, 1949 as per column 5 of Annexure -1. His educational qualification reveals that he has passed middle school exam and able to read and write Hindi and English. Thus, as per the application of the present petitioner himself, his date of birth is 4th April, 1949 and consequently, his date of retirement is 30th April, 2009. (ii) It also appears from Annexure -2 to the counter affidavit that the Principal, "Variya Buniyadi Vidyalaya" Post -Maithon Dam, District -Dhanbad has also certified that the date of birth of present petitioner is 4th April, 1949 as per the admission register, maintained by the school. Thus, even as per certification by the Principal of the School, where petitioner has studied, the date of birth of present petitioner is found to be 4th April, 1949 as per school register. (iii) It is vehemently contended by learned counsel for the petitioner that the petitioner was sent to Medical Board and Medical Board has examined and found him of the age of approximately 50 years on 30th January, 2006 and, therefore, his date of retirement ought to be somewhere in the year, 2016. This contention is not accepted by this Court mainly for the reasons that there is an application given by the present petitioner himself wherein the date of birth is 4th April, 1949 as per Annexure -1 of the counter affidavit. Secondly, for the reason that upon verification by respondent -management, from the concerned school of the present petitioner, the Principal has certified that date of birth of present petitioner is 4th April, 1949 as per admission register, maintained by the school. Thirdly, for the reason that once the date of birth is sure and certain, I am not going to accept expert's opinion, which is always revealing an approximate age. When already an accurate date of birth is present before the management, I am not going to accept Medical Board's opinion. The Medical Board's report is required only when there is doubt about the date of birth or not otherwise and fourthly for the reason that even if the petitioner is arguing at a high pitch about another date of birth, looking to the documents at Annexures -1 and 2 of the counter affidavit, it will be highly disputed question of fact which requires evidence to be led and, therefore, also I am not inclined to exercise my extraordinary jurisdiction vested in this Court under Article 226 of Constitution of India for deciding such a highly disputed question of fact. As a cumulative effect of the aforesaid facts and reasons, there is no substance in this writ petition and hence, the same is hereby dismissed.;