IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1516 of 2006 MAHESHWAR PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 3. 04.08.2008 Heard learned counsel for the petitioner and the State. The issue in the writ application is one of correct date of birth. As per the petitioner he is to superannuate on 31.12.2005 instead of 1.6.2005 as directed by the impugned order. According to the Respondents, the petitioner should have superannuated on 1.7.2003. The allegations are of interpolation by overwriting in the service book. The writ petition has been filed in February, 2006. In any event, no order of reinstatement can be passed now. For all these reasons, the Court is not persuaded to interfere. It is submitted that the issue of correct date of retirement shall have a bearing on the retirement benefits. That the petitioner has not been heard in the enquiry determining interpolation and the order is behind his back. For the reason that the petitioner has not been heard, liberty is granted to the petitioner to file a representation for determination of his age and date of retirement for purposes of fixation of retirement benefits. That this Court may have declined to interfere shall not inhibit the Respondents from considering the representation in accordance with law and after hearing the petitioner arrive at a fresh determination on the issue. The writ application stands disposed. AKS/ (Navin Sinha, J.) - 2 -