IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.512 of 2010 JAWAHIR SAHANI S/O LATE SUKHAL SAHANI R/O VILL- JAUKATIA, P.S. MAJHAULIA, DISTT. WEST CHAMPARAN Versus 1. THE STATE OF BIHAR THROUGH THE COLLECTOR-CUM-DISTRICT MAGISTRATE WEST CHAMPARAN, BETTIAH 2. THE COLLECTOR-CUM-DISTRICT MAGISTRATE WEST CHAMPARAN, BETTIAH 3. THE CIRCLE OFFICER MAJHAULIA BLOCK, MAJHAULIA, WEST CHAMPARAN 4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER WEST CHAMPARAN AT BETTIAH 5. M.P. CHINI INDUSTRIES LTD. MAJHAULIA, WEST CHAMPARAN THROUGH ITS EXECUTIVE DIRECTOR, SITUATED IN MILL PREMISES, MAJHAULIA, WEST CHAMPARAN 6. THE EXECUTIVE DIRECTOR M.P. CHINI INDUSTRIES LTD., MAJHAULIA, WEST CHAMPARAN ----------- 2/ 23.06.2010 Heard counsel for the petitioner and the State. Petitioner’s prayer is for a direction to the respondents to get his age determined on the basis of report submitted by Civil Surgeon-cum-Chief Medical Officer, West Champaran, Bettiah and on that basis an entry be made in his service book and date of his superannuation be decided. His grievance is that the respondents have filled an imaginary date of birth in the identity card and service book of the petitioner and on that basis the date of birth has been shown as 17.01.1950 when his actual date of birth is 15.08.1960. It has been submitted by the petitioner that he had filed his application before the Circle Officer, Majhaulia Block, Majhaulia, West Champaran, for determination of his age. The Circle Officer forwarded it to the Civil Surgeon-Cum-Chief Medical officer, Bettiah, for determination of petitioner’s age. Till date, the Civil Surgeon has not taken any action to determine 2 his age and an imaginary date of birth has been entered into his service book, on the basis of this imaginary date of birth, the petitioner has been informed that he is going to retire. This application is being disposed of, directing the Civil-Surgeon-Cum-Chief Medical Officer, West Champaran, Bettiah, to conduct medical test of the petitioner, within two weeks from the date of production/communication of this order and submit report forthwith before the District Magistrate, West Champaran, Bettiah. The date of birth determined on the basis of medical test shall be treated as date of birth of the petitioner and be entered into the service book of the petitioner by the respondents. The entry of such date of birth in the service book of the petitioner will be conclusive proof of his age and for deciding his date of superannuation. Sanjeet (Mridula Mishra, J.)