IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11841 of 2002 TAUD KHAN Versus THE STATE OF BIHAR & ORS ----------- 03 06.03.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was made to superannuate from service on 30.6.1997, which is admitted to be under a mis-conception on the part of the respondents themselves. Counter affidavit has been filed on behalf of respondents. Paragraph-6 of the same specifically acknowledges the mis-conception on the part of the respondents, vide Annexure-5 affirming that the petitioner should have retired on 31.3.1999. On that basis the petitioner makes a claim for salary from 30.6.1997 to 13.3.1999 on the short ground that he was wrongly denied work for that period. From the materials on record, it is apparent that prior to his superannuation by the respondents on 30.6.1997 the petitioner never made any protest of the fixation of his date of birth. The first protest by the petitioner by a representation has come after his superannuation on 10.8.1988. This Court is, therefore, satisfied that no directions can be given for payment of salary for the aforesaid period to him. Nevertheless, this Court holds that the petitioner is now admitted by the respondent to have been wronged. Justice shall be done by awarding compensation/costs quantified at Rs. 50,000/- to be paid to the petitioner within a maximum period of 16 weeks from the date of receipt and/or production of a copy of this order. The writ application stands disposed off. P.K. (Navin Sinha, J.)