IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.389 of 2009 1. HARI RAM SON OF LATE GHASITA RAM AND HUSBAND OF LATE MALTI DEVI. 2. RAMESH KUAR RAM 3. DINESH KUMAR RAM 4. KIRAN KUMAR RAM 5. PUNAM DEVI 6. NILAM DEVI Sl.No. 2 to 6 are sons and daughters of Hari Ram and Late Malti Devi, all are resident of medical colony, quarter No. 53 ( Out House) Khagaul, P.S. Khagaul, District Patna. --- Appellants. Vs. 1. THE STATE OF BIHAR 2. THE KHAGAUL MUNICIPALITY, KHAGAUL THROUGH ITS ADMINISTRATOR, KHAGAUL P.S. KHAGAUL, DISTRICT PATNA. 3. THE SPECIAL OFFICER, KHAGAUL MUNICIPALITY, KHAGAUAL, P.S. KHAGAUL, DISTRICT PATNA. 4. THE EXECUTIVE OFFICER, KHAGAUL MUNICIPALITY, KHAGAUL, P.S. KHAGAUL, DISTRICT PATNA. 5. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, PATNA, BIHAR. ----------- 2/ 16-04-2009 One Malti Devi, who was working as Safai Karmchari in Khagaul Municipality, raised her grievance in the writ petition against the order of the Khagaul Municipality dated 24.07.2001 whereby she was asked to treat herself superannuated from 31.08.2001 on account of completing 58 years of age. In the year 1986, she was asked to produce proof of date of birth available. It is the case of the writ petitioner that since Civil Surgeon-cum- Chief Medical Officer, Patna determined the age of some of Safai Karmachari with original writ petitioner and she was found to be 35 years of age on 25.10.1986, therefore, her - 2 - date of birth should have been treated as 25.10.1951. A photocopy of the medical report was also annexed as Annexure-2 to the writ petition. The learned Single Judge did not accept the determination of date of birth as 01.08.1953 on basis of which she was superannuated as the Medical Board found her age to be 35 years on 15.10.1986. During the pendency of the writ petition, she died on 29.11.2006. Considering the facts and circumstances of the case, the learned Single Judge directed to pay 50% of the total wages and emoluments which original writ petitioner, Malti Devi, would have received after her forced superannuation on 31.08.2001 till her death on 29.10.2006. The learned Single Judge also directed that such payable dues, that ie, 50% of the total emoluments should be paid to her heirs within a period of three months from the date of production/ communication of a copy of the order. It is also stated in that order that the benefit of notional reinstatement shall be given for death cum retiral benefits also and the same should also be paid to the heirs in accordance with law without delay. Therefore, entire retiral dues have been paid to the legal heirs of the original writ petitioner, Malti Devi and further 50% of the total wages and emoluments have been paid to her after her forced superannuation on 31.08.2001. - 3 - We are of the view that on the facts of this case in absence of clear date of birth and the fact that she has performed the work only till August, 2001 and she was not working therein, no reliefs were granted on the principle of equity and we are of the opinion that no interference is necessary in an intra court appeal. Hence this appeal is dismissed. BTiwary/ ( J. B. Koshy, CJ ) ( Dr. Ravi Ranjan, J )