IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4133 of 2010 1. BANDANA DEVI W/O LATE RAM ASHISH OJHA R/O VILLAGE - KHABARA, P.S- SADAR , DISTRICT - MUZAFFARPUR Versus 1. MANAGING DIRECTOR BHARAT WAGON AND ENGINEERING COMPANY LIMITED, MUZAFFARPUR UNIT , BIHAR 2. THE DEPUTY GENERAL MANAGER BHARAT WAGON AND ENGINEERING COMPANY LIMITED, MUZAFFARPUR UNIT , BIHAR 3. THE DEPUTY MANAGER ( PERSONNEL ) BHARAT WAGON AND ENGINEERING COMPANY LIMITED, MUZAFFARPUR UNIT , BIHAR 4. INCHARGE (PERSONAL AND ADMINISTRATION ) BHARAT WAGON AND ENGINEERING COMPANY LIMITED, MUZAFFARPUR UNIT , BIHAR ----------- 02/ 22.03.2010 Heard learned counsel for the petitioner and the Bharat Wagon and Engineering Company Limited, which is a Government of India Undertaking under the Ministry of Railways. 2. Petitioner is aggrieved by the order contained in letter no. 2721 dated 26.11.2009, Annexure-5, whereunder she has been informed that she would superannuate with effect from 31.12.2009 on attaining the age of superannuation. 3. It is submitted on behalf of the petitioner that after her appointment on compassionate ground under order, bearing No. 2556 dated 13.8.1993, Annexure-2, petitioner submitted an affidavit affirmed before the Executive Magistrate, Muzaffarpur that she was 35 years old on the date of affidavit i.e. 8.7.1993, but ignoring such fact, the authorities recorded in the official record that she is 44 years old. When she learnt about the 2 aforesaid mistake, petitioner represented under representation dated 26.8.1993 placing on record the certificate granted by the Medical Officer of the Employees State Insurance Corporation in which also it was indicated that she was 35 years of age at the time of her appointment. Petitioner again represented before the authorities under representation dated 4.4.2009, Annexure-4. Ignoring the aforesaid representations dated 26.8.1993 and 4.4.2009 as also the certificate granted by the Medical Officer of the Employees State Insurance Corporation, petitioner has been illegally superannuated with effect from 31.12.2009. 4. Having heard counsel for the petitioner and the Bharat Wagon and Engineering Company Limited, I am of the view that as the petitioner has been representing in this regard right from the beginning vide representations dated 26.8.1993 and the certificate granted by the Medical Officer of the Employees State Insurance Corporation, the same should have been considered and appropriate orders passed. For the failure of the authorities to consider the representation of the petitioner, it appears, the petitioner has suffered. Accordingly, I set aside the order dated 26.11.2009, Annexure-5 and direct the competent authorities of Bharat Wagon and Engineering Company Limited to get the petitioner examined by a Medical Board constituted by the Civil Surgeon, Muzaffarpur, as early as possible, in any case within one month from the date of receipt/ production of a copy of this order before the competent authority of Bharat Wagon 3 and Engineering Company Limited as also before the Civil Surgeon, Muzaffarpur, the cost of the medical examination should be borne by the petitioner. 5. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)