IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5465 of 2005 BASHISTHA RAI, S/O LATE LAL BIHARI RAI, VILLAGE – DEHRI, P.O. HETAMPUR, P.S. – DHANGAI, DISTRICT – BHOJPUR AT ARRAH. …………. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA. 2. DIRECTOR GENERAL –CUM- INSPECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. INSPECTOR GENERAL, MILITARY POLICE, BIHAR, PATNA. 4. D.I.G. OF POLICE, MILITARY POLICE, CENTRAL ZONE, PATNA. 5. COMMANDANT, B.M.P. -10, PATNA. …………. RESPONDENTS. For the petitioner : - Mr. Ram Hriday Kumar, Advocate Smt. Maruti Kumari, Advocate For the State : - Mr. Binit Kumar, AC to G.A. -9. ----------- 03/ 05.05.2011 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for quashing of the order of Commandant, B.M.P. 10, whereby he has been ordered to retire from his service with effect from 31.01.2005. The case of petitioner is that at the time of his appointment on the post of Constable in B.M.P.-10 on 31.1.1969 only his age and year of the birth had been disclosed. The age was 21 years and the year of birth was 1947. It has also been entered in his service book. As per Rule 97(1) of the Bihar Financial Rules, Rule 9 of Bihar Service Code and Rule 233 of Bihar Board Misc. Rules, in case of an employee, whose date and month of 2 the birth is not disclosed at the time of appointment, 30th June of that year will be deemed to be his date of superannuation. On application of these Rules the date of petitioner’s superannuation should have been 30.6.2005. Even at the initial stage this was acknowledged by the respondents, but subsequently petitioner’s date of superannuation was changed as 31st January, 2005. Accordingly, the impugned order was issued directing the petitioner to superannuate from service on 31stJanuary, 2005. Petitioner is aggrieved specially for the reason that on account of change in his date of superannuation, he has been deprived from the benefit of Government Resolution dated 24.3.2005, whereby retirement age has been enhanced from 58 to 60 years. Petitioner on account of remaining in service till 30th June, 2005 would have got benefit of extended period of service till 30th June, 2007. This issue has been decided earlier vide decisions reported in 2006(1) P.L.J.R. 200 (Baban Singh Vs. State of Bihar & Others), 2001 (1) P.L.J.R. (Ramnath Singh Vs. State of Bihar and others) and unreported decision in case of Balmiki Sharma Vs. State 3 of Bihar and others in C.W.J.C. No. 6080 of 2003. Since the case of the petitioner is fully covered under the provision of Rule 9 of the Bihar Service Code read with Rule 97(1) of the Bihar Financial Rules, as such the petitioner’s date of superannuation could not have been altered, to any other date then 30th June, 2005. Petitioner will be deemed to be continuing in service till 30th June, 2005 and accordingly, entitled for remaining in service till the age of 60 years, on account of the Government Resolution dated 24.3.2005. Petitioner has already retired on 31st January, 2005, but he will be deemed to have continued till 30.6.2007. On account of his superannuation, petitioner must have been receiving his pension, the pension amount shall be adjusted against the salary which the petitioner will be entitled to receive for all these periods. After adjustment of pension amount the arrears of difference of salary shall be paid to the petitioner with all consequential benefits. This application is, accordingly, allowed. DKS/ (Mridula Mishra, J.)