Rajesh Kumar, J. - (1.) Heard counsels for the parties.
(2.) The present writ petition has been filed for quashing the office order No. 1378 dated 18.09.2010, wherein the petitioner had been denied salary for intervening period with effect from 01.01.2008 to 17.09.2010, during which he was illegally/forcibly kept out of service on account of illegal/forceful retirement with effect from 31.12.2007, treating his imaginary date of birth as 01.01.1948, applying the principle of "No work no pay", which is absolutely illegal. Brief facts: The petitioner has claimed his date of birth i.e. 10.06.1953 as per Bihar School Examination Board, Patna, wherein his date of birth has been mentioned as 10.06.1953. The petitioner had been appointed in the respondent-Company on the post of Fitter (Class-III) post and accordingly he had joined the service but his date of birth has been mentioned as 22 years (approx.) on the date of employment i.e. on 01.04.1972. This fact has come to the knowledge of petitioner when the service excerpts had been circulated in the year 1987. There was a large scale discrepancies in the date of birth and as such, service excerpts had been circulated among the employees, inviting their objections.
(3.) As per petitioner, he had objected his date of birth by supplying the Board Examination Certificate, which had been issued in the year 1965 i.e. much prior to his date of appointment.;