IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11245 of 2005 BUDHAN son of late Sheetal,R/O village Sanaur,P.O.Tilauthu, P.S.Tilauthu, Distt-Rohtas (Sasaram). —Petitioenr. Versus 1. STATE OF BIHAR 2. The Bihar State Electricity Board,Vidyut Bhawan, Bailey Road, Patna 3. The Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 4. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 5. The General Manager-cum-Chief Engineer, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 6. The superintending Engineer, Electricity Board, Rohtas Circle, Sasaram 7. The Executive Engineer, Electrical, Dehri-on- son Dehri, Sasaram 8. The S.D.O. (Electricity Board), Dehri-- Respondents. ----------- For the petitioner : Mr. Dinbandhu singh For the Board : Mr. Vinay Kirti Singh --- 4. 06.11.2009. Heard learned counsel for the parties. The petitioner has moved this Court through the present writ petition seeking, inter, alia, for fixation of his monthly pension amount and other retiral benefits with effect from 24.4.2000, i.e the date until the age the respondents allowed him to continue in the service of the Board. In the present case, the dispute is whether the retiral benefits are to be calculated on the basis of pay drawn by the petitioner on 24.4.2000, i.e. the date on which he was superannuated or 31.3.1990, i.e. the date of 2 retirement as per the finding of the Medical Board constituted by the respondent Board. The action of the respondents Board in treating the retiral age of the petitioner as 31.3.1990 on the basis of the finding of the Medical Board constituted by it for assessing the age of its employees like the petitioner and others, is the subject matter of another writ petition bearing C.W.J.C.No.4397 of 2000 filed by the present petitioner and which stands admitted by a Bench of this Court and is pending for final hearing. Since the correctness of the decision of the respondents Board as regarding the date of birth assessed by the Medical Board constituted by the respondent Board is subject matter of C.W.J.C.No.4397 of 2000, this Court would express no opinion on the same. Learned counsel appearing on behalf of the petitioner draws the attention of this Court towards the order passed by the Supreme court in Civil Appeal No.9655 of 2003 (Kailash Singh Vs. State of Bihar and others) placed at Annexure-1 of the writ petition and submits that the case of the present petitioner is covered under the said judgment of the Supreme Court. Learned counsel also submits that he has 3 filed a representation before the respondent Board on 20.2.2004 (annexure-2) with a request for consideration of his case in the light of the Supreme Court’s order and which has not yet been disposed of. Learned counsel appearing on behalf of the respondent Board submits that the said representation has not been filed before the authority competent to deal with the same. He submits that the appropriate authority to take decision in this regard is respondent no.4, i.e. the Secretary, Bihar State Electricity Board. Having regard to the contentions advanced on behalf of the parties, this writ petition is disposed of with a liberty to the petitioner to file a fresh representation before respondent no.4 within three weeks from today raising all the issues as raised herein and which shall be considered and disposed of by respondent no.4 by a reasoned and speaking order within two months of the date of receipt of such representation. Application stands disposed of with the direction aforesaid. ahk (Jyoti Saran,J.)