IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5045 of 2005 NEMIT SINGH, S/O LATE RAM BRIKSH SINGH, RESIDENT OF VILLAGE – SEWATI, P.O. PAT LAHAT, P.S. DHANAURA, DISTRICT – PATNA. …………… 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, 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 Prasad, Advocate Smt. Maruti Kumari, Advocate For the Respondents : - Mr. Rajeev Lochan, AC to GA 9. ----------- 03/ 29.04.2011 Heard counsel for the petitioner and counsel appearing for the State. The issue, which is involved in the present writ application, is that what should have been the date of petitioner’s superannuation, since at the time of appointment no specific date of birth except the year of birth was disclosed by the petitioner. In the service book of the petitioner also in the column of date of birth entry has been made such as 21 years and the year of the birth 1947, no specific date has been mentioned. Petitioner was appointed on 1.2.1968 as Constable and at that time he had disclosed his year of birth as 1947 without disclosing the date and 2 month of his birth. He is aggrieved on account of his superannuation from the post of Jamadar B.M.P. 10 on 1.2.2005, as the respondent-authorities subsequently made entry on the basis of imaginary date of birth and month in the service book of the petitioner. Counsel for the petitioner submits that the law is well settled in this regard. As per Rule 9 of Bihar Service Code as well as Rule 97(1) of Bihar Financial Rules, if in case of an employee, only the year of birth is known but the exact date and month of the birth is not known, 1st July should be treated as date of birth for the purpose of determining the date on which the officer concerned should be held to have attained the age of superannuation. In the counter affidavit filed on behalf of State it has been stated that specific date and month were entered in the service of the petitioner during his period of service but that was never objected by the petitioner. There is no statement in the counter affidavit that such entry has been made in the service book of the petitioner after giving him proper notice 3 regarding such entry. If, entry has been made without any notice to the petitioner, now the respondents cannot raise objection in case petitioner is claiming that his date of superannuation should have been fixed in consonance of Rule 9 of Bihar Service Code as well as Rule 97(1) of Bihar Financial Rules. Considering these facts, the petitioner, who has already been superannuated on 1.2.2005, would have otherwise superannuated on 30th June, 2005. As informed by the counsel appearing for the State, and the petitioner, that the State Govt. vide a notification dated 24.3.2005 has enhanced the age of superannuation from 58 to 60 years, and on that account, in case petitioner’s date is birth is fixed as 30th June, 1947, his date of superannuation would have been 30th June, 2005 and got benefit of enhanced age of superannuation. Petitioner could have continued in service till 30th June, 2007. Considering the developments regarding the enhanced age of superannuation, petitioner will be deemed to have continued in service till 30.6.2007. He will be also deemed to be entitled for salary and 4 other consequential benefits for this period. Since, on account of his superannuation petitioner has already received his pension and pensionary benefits, the arrears of salary payable to the petitioner, will be adjusted against the amount of pension received by him and the difference of arrears of salary shall be paid to the petitioner on adjustment of the amount received as pension. The pension of the petitioner will also be needed to be re-fixed as on account of remaining in service till 30th June, 2007, petitioner will also be entitled for increment and other consequential benefits. Accordingly, the writ application is allowed. The date of superannuation of the petitioner will be fixed by the respondents as 30th June, 2007 and all consequential benefits, on account of extension of the date of superannuation, will be allowed to the petitioner, as soon as possible, without making any undue delay. DKS/ (Mridula Mishra, J.)