IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4456 of 2001 PUJAN RAM Versus THE STATE OF BIHAR & ORS ----------- 12/ 09.7.2008 Heard learned counsel for the parties. 2. Petitioner, who served as a Sweeper with the Khagaul Municipality, has filed this writ application assailing the order contained in letter no. 94 dated 28.3.2001 issued by the Special Officer, Khagaul Municipality, as contained in Annexure-5 to this application, whereunder he has been directed to superannuate with effect from 31.3.2001 on attaining 58 years of age as his date of birth recorded in the service book is 2.3.1943. 3. Counsel for the petitioner assails the said order, Annexure-5 on the ground that the same is contrary to the age assessed by the Civil Surgeon in compliance of the instructions of the Municipality to all its Sweepers dated 3.10.1986, as contained in Annexure-6 to the Reply to the counter affidavit, in response whereto petitioner and all other Sweepers, including Smt. Malti Devi in whose name such instruction was issued appeared before the Civil Surgeon-cum- Chief Medical Officer, Patna on 14.11.1986, whereafter they were subjected to undergo age verification and the age of the petitioner was assessed as 35 years on 14.11.1986, which fact would appear from Annexure-1 to this application, but ignoring the said Annexure-1, petitioner has been prematurely retired under the impugned order dated 2 28.3.2001, Annexure-5 to this application, which be quashed as arbitrary and violative of Article 14 of the Constitution of India. 4. Counsel for the Municipality, however, opposed the prayer and has submitted that the impugned order, bearing letter no. 94 dated 28.3.2001, Annexure-5 has been passed on the basis of the date of birth of the petitioner recorded in the service book, in the circumstances, this Court should not interfere with the same as the date of birth recorded in the service book should be accepted for the purpose of service record. 5. I have perused the service book of the petitioner and therefrom it does appear that the date of birth recorded therein is 2.3.1943, but from the service book it does not appear as to when the same was opened. In the circumstances, I am not inclined to rely over the entries made in the service book as there is no indication of any date in the service book on which the same was opened and if the petitioner’s date of birth was already recorded in the service book then there was no occasion for the Special Officer of the Municipality to direct Smt. Malti Devi and all other Sweepers working in the Municipality to appear before the Civil Surgeon, Patna under letter dated 3.10.1986, as contained in Annexure-6 to the Reply to the counter affidavit. 6. Counsel for the Municipality, however, submitted that the instructions contained in Annexure-6 was given only to those in whose case the date of birth was not recorded in the service book and it was not general instruction to all the 3 Sweepers working in the Municipality. 7. I am not in a position to accept the submission as the contents of the letter dated 3.10.1986, Annexure-6 is crystal clear which directs Smt. Malti Devi as also all other Sweepers of the Municipality to appear before the Civil Surgeon. In the circumstances, I accept that the age of the petitioner was verified by the Civil Surgeon as is evident from Annexure-1 to this application which is dated 14.11.1986 and as the impugned order dated 28.3.2001, Annexure-5 superannuating the petitioner has been issued contrary to the age assessed by the Civil Surgeon, I set aside the impugned order retiring the petitioner dated 28.3.2001, Annexure-5 to this application and direct that petitioner should continue to serve as Sweeper in the Municipality until he reaches the age of superannuation in the light of the certificate of the Civil Surgeon dated 14.11.1986, Annexure-1. As the petitioner was prevented from discharging his duties by the Municipal authorities, I direct that for the period he was out of job, he should be paid half of his payable amount throughout. 8. This application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)