IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 13340 of 2009 Moti, son of late Damari, resident of Mohalla – Yarpur Ambedkar Colony, P S – Gandanibagh, District – Patna - Petitioner Versus 1 The Municipal Commissiner –Cum- Chief Executive Officer, Patna Municipal Corporation, Budh Marg, Patna 2 The Chief Accounts Officer, Patna Municipal Corporation, Budh Marg, Patna 3 The Executive Officer, Nutan Rajdhani Anchal, Patna Municipal Corporation – 10, Harding Road, Patna - Respondents *** For the petitioner : Mr Manoj Kr Pandey, Advocate For the P M C : Mr Shekhar Singh, Advocate *** 2 12.10.2009 The petitioner, who is an employee of the Patna Municipal Corporation, challenges the order of the Municipal Commissioner ordering his superannuation based on the records as reflected in the service book. Petitioner challenges this action merely on basis of one document (Annexure-1). Annexure-1 is the list of employees who were recruited in the year, 1975 which gives the age of petitioner 25 years. Petitioner, thus, submits that if in 1975, he was 25 years of age, his date of birth would be 1950 and, accordingly, he would superannuate in 2010. I am afraid I cannot accept this contention. The superannuation has been ordered in view of the entry as found in the service book which, admittedly, was subsequent to Annexure-1. In the last 30 years, petitioner has not chosen nor has petitioner chosen today to challenge that entry. Corporation has acted on basis of the said entry which cannot be said to be either unjust or illegal. The writ petition is, accordingly, dismissed. M.E.H./ (Navaniti Prasad Singh)