IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3905 of 2002 TRYAMBAK NATH MISRA Son of late Satyendra Nath Mishra resident of Mohan Niwas, Gandhi Nagar, P.S.Kotwali, Dist. Basti (U.P.) at present posted as Executiv Magistrate, Aurangabad, Bihar...... Petitioner Versus 1. THE STATE OF BIHAR 2. Chief Secretary,Govt. of Bihar,Old Secretariat,Patna. 3. Secretary Personnel & Administrative Reforms Department, Government of Bihar, Old Secretariat, Patna. 4. Finance Secretary,Govt. of Bihar,Old Secretariat,Patna. 5. Special secretary, Personnel & Administrative Reforms Department , Govt. of Bihar,Old Secretariat, Patna. 6. District Magistrate & Collector, Aurangabad, Bihar 7. Accountant General, Bihar,Patna... Respondents. ----------- Advocate for the petitioner:- 1. Mr. Amit Upadhyay,Advocate 2. Mr.Shailesh Kashyap, Advocate Advocate for the State:- Mr. Arup Kumar Chongdar- Advocate. 5 27-11-2008 Heard learned counsel for the petitioner and learned counsel for the State. The facts of this case are disturbing. Petitioner as a member of Bihar Administrative Service, entered service as Sub- Deputy Collector on 9-9-1974. Later that post was merged with the cadre of Deputy Collector with effect from 1-4-1976. The grievance of the petitioner is that in spite of service records of the petitioner available with the concerned department as mentioned in annexure-9 dated 23- 7-2001 and in spite of certificate of a competent Board relating to petitioner’s passing the High School Examination in 1959 contained in annexure-5 showing that petitioner’s date of birth is 23-11-1944, only on account of typographical error in the Civil List of Bihar Administrative Service Officers, 1999 (Annexure-3) he has been - 2 - made to retire with effect from 30-1-2002 in place of 30-11-02. The materials on record as well as the counter-affidavit leave no doubt that petitioner’s date of birth in the school record as well as in the High School certificate is 23-11-1944 land therefore, he should have been superannuated with effect from 30-11- 02 and he has been wrongly superannuated with effect from 30-1-02 only on account of a typographical error in a Civil list. The representation of the petitioner dated 1-10-2001 contained in annexure-4 was addressed to the Commissioner-cum- Secretary, Personnel and Administrative Reforms, Department, Bihar, Patna. It enclosed school certificate and gave other details but unfortunately for the petitioner the matter never received the attention of the Secretary and no reply was given to the petitioner leading to his superannuation after three months. On account of a typographical error a Civil Servant of the State was wrongly retired 10 months prior to his actual retirement. This has caused not only loss to the petitioner but also to the Government. The attitude with which the authorities have neglected the representation of the petitioner and have made him to retire from a wrong date only on account of a typographical error in the Civil List shocks the judicial conscious of this court. On that account the respondents are saddled with a cost of Rs.50,000/- ( Rupees fifty thousand) to be paid to the petitioner besides his normal salary and perks which he would have received till his actual date of retirement on 30-11-02. - 3 - Naresh The writ petition is allowed with all consequential benefits of salary etc. and retrial benefits to be made available to the petitioner within three months. The cost of Rs. 50,000/- shall also be paid to the petitioner within the same period of three months but the State Government, particularly the Chief Secretary, Bihar, will decide who are responsible for causing such harassment to the petitioner and may apportion the cost upon the erring officers in proper proportion. (Shiva Kirti Singh,J)