IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10023 of 2009 BHIM RAM, son of Shiv Ram, Resident of House of Sri. Birendra Prasad Singh Choudhary, Advocate, Jagannath Singh Lane, Choudhary Tola, P.S.-Sultanganj, Patna-800006. .……Petitioner Versus 1. Patna Municipal Corporation, Patna through its Municipal Commissioner. 2. Municipal Commissioner, Patna Municipal Corporation, Patna. 3. The Executive Officer, Bankipur Circle, Patna Municipal Corporation, Patna. …….Respondents. ----------- 03. 14.10.2009 The petitioner is a Safai Mazdoor(Sweeper) in the Patna Municipal Corporation. He joined the Corporation on daily wages in the year 1982 and was later regularized in 1991. Petitioner is illiterate. It is stated in the writ petition and admitted in the counter affidavit that when service books were later prepared of all employees of the Patna Municipal Corporation as petitioner was totally unaware of his exact age, the column of the service book was left blank. It is ascertained that there had to be a Medical Board of all such employees on whose finding date of birth had to be fixed, nothing like this was done. Petitioner was surprised to receive a notice making him superannuated with effect from 31.03.2009 on the ground that his date of birth as recorded in the service book is 01.04.1949 meaning thereby that he had attained the age of 60 on 31.03.2009. Apart from petitioner being shocked - 2 - on the ground of how this entry came in the service book he is more surprised because he is not the day above 45 years of age. In the counter affidavit, it is admitted that originally the service book did not have particulars of the date of birth entered therein. It is nowhere sought to be explained who, how and when this date of birth was entered. The Court called for the original service book which clearly shows that date of birth has been entered subsequently at a later date. The order-sheet annexed with the service book does not show as to when and on what basis this entry was made. It is also admitted in the counter affidavit that once the service books were prepared employees were given photocopy thereof. Petitioner has annexed the photocopy which he was given which clearly shows that the column for date of birth was blank at least up to 1994. In such a situation, keeping the peculiar facts in this case in mind, I direct that the Corporation would get a Medical Board constituted of competent Doctors from the Patna Medical College and Hospital, Patna who would examine the petitioner and determine the age of the petitioner. Parties would then be bound by their such determination and act accordingly. These steps be taken by the Corporation within two months from today with due - 3 - notice to the petitioner. If it is found that petitioner has wrongly been superannuated, it will be deemed that he was never so superannuated for any purpose and would be entitled to all financial and other benefits continuously up to the date of his superannuation based on the findings of the Medical Board aforesaid. With these observations and directions, the writ petition stands disposed of. Shageer (Navaniti Prasad Singh, J)