IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.692 of 2005 ---- THE STATE OF BIHAR & ORS. --------------APPELLANTS Versus BHARAT KANT JHA -----------------------RESPONDENTS ---------- 8. 11.7.2008 The State of Bihar and its functionaries, aggrieved by the order dated 11.1.2005 passed by a learned single Judge in C.W.J.C No.5075 of 2004 allowing the writ application, have preferred this appeal under Clause 10 of the Letters Patent. J.C. to G.A. 7 appears on behalf of the appellants. Controversy related to the date of birth of the writ petitioner-respondent herein. The respondent was sought to be retired with effect from 30th of April, 2004 on the ground that in the service book, his date of birth has been recorded as “1946”. It was the assertion of the respondent that his date of birth is 5.1.1949. Petitioner passed the matriculation examination in the year 1965. He was appointed as Constable on 11.4.1969 i.e., after passing of the matriculation examination. The learned single Judge taking into 2 consideration that the respondent had passed the matriculation examination before his appointment and the date of birth entered in the matriculation certificate did not make him ineligible for appointment, quashed the order by which the respondent was directed to superannuate with effect from 30.4.2004. This Court further directed that he would superannuate after attaining the age of superannuation, calculated on the basis of the date of birth recorded in the matriculation certificate i.e. 5.1.1949. We do not find any error in the same. Appeal stands dismissed. (C.K. Prasad, J.) PNM (Shailesh Kumar Sinha, J.)