IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6238 of 1995 MOHAN MEHTAR, son of late Nunu Mehtar @ Nunu Sweeper, resident of Mohalla Durga Sthan I Type P.O. and P.S. Birpur, District Supaul … Petitioner Versus 1. THE STATE OF BIHAR through Commissioner cum Secretary Water Resources Department, Government of Bihar, Patna 2. The Deputy Commissioner, Water Resources Department, Government of Bihar, New Secretariat, Patna 3. The Chief Engineer, Water Resources Department, Government of Bihar, Patna 4. The Executive Engineer, Water Resources Department, Patna … Respondents. ----------- 5. 19.8.2009 No one appears for the petitioner. The prayer in this writ application is to quash an order dated 8.1.1990 (Annexure 1), whereby and whereunder the petitioner had been superannuated from service with effect from 31.12.1990. The petitioner by way of consequential relief has also claimed that his date of birth treated by the respondent as 20.12.1932 should not be acted upon and in fact the same should be taken to be 20.12.1937. The respondents have filed a counter affidavit wherein they have enclosed the photo copy of the first page of the service book showing the date of birth of the petitioner recorded at the time of entry in his service on 11.8.1956 to be 2 20.12.1932. In presence of this authentic material it will be very difficult for this Court to decide the disputed question of fact as to whether the date of birth of the petitioner is 20.12.1932 or 20.12.1937. Such disputed question of fact was capable of being its agitated and decided in a properly constituted civil suit. In any event the petitioner has already retired in the year 1990 and this Court had also while admitting this case issued an order for payment of his all retirement benefit on the basis of his date of retirement on 31.12.1990. That being so, this writ application is wholly misconceived and is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/