IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8110 of 2007 Smt. Shanti Sinha, W/o Sri Ganesh Prasad Singh, resident of Bhola Singh House, Kali Tample, Mohalla Sikandarpur, P.S. Town, Dist. Muzaffarpur. --------- Petitioner Versus 1. Vice-Chancellor, Baba Saheb Bhim Rao Ambedkar, Bihar University at Muzaffarpur. 2. Registrar, B.R.A. Bihar University, Muzaffarpur. 3. Principal, R.B.B.M. College, Muzaffarpur. ---------- Respondents ----------- 4 26.09.2011 Heard learned counsel for the parties. The disputed questions of fact relating to the date of birth of the petitioner, being essentially a question of fact requiring leading of evidence by both the parties and its appreciate, the same cannot be decided in a writ petition by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India. If however the petitioner can still prove that at the age of nine years, she could have passed Matriculation Examination and that her date of birth recorded in the Service Record of 20.3.1946 was authentic and based on any documentary evidence as enumerated in the Bihar Financial Rules, it will always be open for the petitioner to assail the impugned 2 order of premature retirement by filing a civil suit, in which alone such a thicketed question of fact can be gone into and adjudicated. It, however, goes without saying that if the petitioner was allowed to continue in service even after attaining the age of superannuation, she would be entitled to be paid salary up to the period the work was taken from her though the said continuation beyond her age of superannuation would not qualify for calculation and/or payment of pension and other retirement benefits to the petitioner. With the aforementioned observation/liberty this application is disposed of. Rsh (Mihir Kumar Jha, J.)