IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3934 of 2007 DR.RAM NARESH KUMAR, son of late Shyam Narayan, resident of village + Post Police Station Bind ,District Nalanda…. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary Department of Health and Family Welfare, Bihar, Patna. 3. The Director- In-Chief, Department of Health and Family Welfare, Bihar, Patna. 4. The Under secretary, Department of Health and Family Welfare, Bihar, Patna. 5. The Civil Surgeon-cum- Chief Medical Officer, District- Kaimur, Bhabua. … Respondents. ----------- 2. 01.10.2010 Having heard learned counsel for the parties as with regard to the following relief; “I. To quash Letter No. 894 dated 30.12.2006 issued under signature of the under Secretary, Department of Health and Family Welfare, Bihar, Patna whereby and whereunder the petitioner has arbitrarily directed to superannuate with retrospective date i.e. 31.1.2003 treating the date of birth is 21.1.1945. II. To restrain the respondents for giving effect of the letter No. 894 dated 30.12.2006 issued under Signature of the under Secretary Department of Health and Family Welfare, Bihar, Patna. III. To allow the petitioner as Medical Officer till the date of superannuation on the basis of date of birth i.e. 21.4.1947 as recorded in the matriculation certificate. IV. to pay the monthly salary of the petitioner from, January 2007 to till the date of retirement on the basis of date of birth i.e. 21.4.1947 as recorded in the Matriculation Certificate.” this Court is of the considered opinion that when 2 the petitioner himself is prepared to get his retirement benefit on the basis of his date of birth as recorded in the impugned order based on the admission register of the school, which became the basis of entry of date of birth in the service record pursuant to an enquiry in preference to his date of birth recorded in matriculation certificate, there would be no difficulty in disposing of this writ application with the following directions; (i) the length of service of the petitioner for the purpose of his retirement benefit will be only upto 31st January 2005 treating his date of birth to be 21st January 1945 and the qualifying service of the petitioner for earning retirement benefit and other benefit would be 25th September 1978 to 31st January 2005. (ii) As the petitioner had admittedly worked till the date of passing of the impugned order i.e. 30.12.2006, he will not be subjected to any recovery of salary which was already paid to 3 him for the period 1st February 2005 to 30th December 2006. With the aforementioned observation and direction, this writ application is disposed of. kanchan/- (Mihir Kumar Jha, J.)