- (1.) HEARD Mr. Kumar Nilesh, learned counsel for the petitioner and J.C. to Sr. S.C. I for the Respondent -State.
(2.) THE petitioner in this writ application, has prayed for issuance of a direction to the Respondents to pay him the arrears of salary from May, 2002 to September, 2007 and to quash the Memo No. 102 dated 04.02.2006, passed by the Circle Officer, Tundi, Dhanbad to the extent, whereby the date of the petitioner's retirement has been declared as 31.12.2007, whereas the petitioner's actual date of retirement is 31.12.2015. Learned counsel for the petitioner would submit at the outset that the petitioner confines his prayer only to the first relief, namely, for the payments of arrears of salary from May, 2002 till the date of his retirement i.e. till 21st September, 2007.
(3.) THE petitioner's case in brief is that he was appointed on the post of Chowkidar in the year 1990 and he continued to perform his duties and had drawn his salary till April, 2002. Later on, his salary was not paid. Learned counsel would explain that after the petitioner's induction in service, he was referred to the Civil Surgeon -cum -Chief Medical Officer, Dhanbad for medical examination for ascertaining his age. As per the medical assessment, his age as on 07.09.1990 was assessed at 35 years. Later, the petitioner was served with a notice by the Circle Officer, intimating therein, that he would retire in the year 1999 itself, although according to the age assessed, the petitioner would have continued in service till the year 2015.;