IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.650 of 2007 Smt.Shanichari Devi, W/o Late Ram Kishun Ram @ Ram Kishun, resident of village Berbaniya, P.O. & P.S. Dhanapur, Distt. Chandauli (U.P.) at present resident of mohalla New Deiliya, P.O. & P.S. Dehri, Distt. Rohtas … Appellant Versus 1.The Bihar State Electricity Board through its Chairman, Vidut Bhawan, Baily Road, Patna 2.The Secretary, Bihar State Electricity Board, Vidut Bhawan, Baily Road, Patna 3.The Joint Secretary, Bihar State Electricity Board, Baily Road, Patna 4.The General Manager cum Chief Electrical Engineer, Bihar State Electricity Board, Vidut Bhawan, Baily Road, Patna 5.The Personnel Director, Bihar State Electricity Board, Vidut Bhawan, Baily Road, Patna 6.The Deputy Personnel Director, Bihar State Electricity Board, Vidut Bhawan, Baily Road, Patna 7.The Electrical Superintending Engineer, Shahabad, Electrical Supply, Anchal, Arah 8.The Electrical Superintending Engineer, Electricity Supply, Rohtas Electrical Circle, Sasaram 9.The Electrical Executive Engineer, Electrical Supply Division, Dehri-on-sone 10.The Chief Electrical Engineer, Electrical Supply Division, Sasaram … Respondents. ----------- For the Appellant : Mr. K.M.Murari For the respondents: Mr.Vinay Kirti Singh. ------ 3. 3.12.2008 The writ petitioner- appellant aggrieved by the order dated 10.5.2007 passed in C.W.J.C.No. 7342/2004 dismissing the writ application has preferred this appeal under Clause X of the Letters Patent. The writ petitioner- appellant’s husband was an employee of Bihar State Electricity Board. The controversy in the writ application was in regard to his date of birth. According to the writ petitioner, 2 his date of birth was recorded as 1.7.1937 and as such, he ought to have retired on attaining the age of 60 years on 30th of June, 1997. However, according to the respondents, his date of birth was 1.7.1927. Petitioner’s husband earlier filed C.W.J.C.No. 7848/1998 before this Court. This Court by order dated 6.5.1999 set aside the order and gave liberty to the Bihar State Electricity Board to proceed in accordance with law. The change of date of birth was primarily set aside on the ground that no opportunity was given to the petitioner’s husband. After the aforesaid order opportunity was given to the petitioner’s husband and by a reasoned order the age of the petitioner’s husband was determined as 1.7.1927. While determining the aforesaid date of birth, the Bihar State Electricity Board took into account that the service book, upon which the petitioner’s husband placed reliance was opened on 8.6.1979, whereas the date of appointment is 1.4.1958. It was further found that his original service book contained his date of birth as 1.7.1927. 3 Mr. Krishna Mohan Murari, appearing on behalf of the appellant, submits that the reliance ought to have been placed in the later service book which indicates the writ petitioner’s husband date of birth as 1.7.1927. The Bihar State Electricity Board after assigning good reasons had adjudicated that the date of birth of the writ petitioner’s husband is 1.7.1927. For coming to the aforesaid conclusion, as observed earlier, the original service book as also entry made in the civil list on that basis were considered. We are of the opinion that the date of birth of the writ petitioner’s husband was rightly adjudicated as 1.7.1927 and the learned Single Judge did not err in dismissing the writ application. We do not find any merit in this appeal. It is, accordingly, dismissed. (Chandramauli Kr.Prasad,J.) (Mihir Kumar Jha,J.) Surendra/