IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6873 of 2006 JAI PRAKASH MANDAL Versus THE BIHAR STATE ELECTRICITY BO ----------- 6. 22.09.2008 Heard learned counsel for the petitioner and the Board. The controversy whether correct date of birth of the petitioner was 20.5.1956 or 20.5.1946 came to this Court earlier in CWJC No. 5499 of 2004. While the petitioner contended that his date of birth was recorded as 20.5.1956 in the service book at the time of entry into service which was subsequently interpolated to read as 1946 with which he had no concern, the Respondents contended that interpolation stood confirmed by a forensic report. This Court on 6.12.2004 in the aforesaid writ application thought it proper to have the age of the petitioner ascertained by a Medical Board. The report of the Medical Board dated 30.11.2005 now assessed his age to be approximately 56 years. In the meantime, the petitioner was retired on 31.5.2006 assuming his date of birth as 20.5.1946. He has now been reinstated on 28.11.2006 in view of medical report of his age. Quite naturally, the Respondents are now required to determine the date of superannuation of the petitioner afresh in terms of the medical report dated 30.11.2005. To that extent, the writ application succeeds. Learned counsel for the petitioner next pressed for back wages. In view of the forensic report of interpolation in his date of birth in the service book, who ever may be responsible for the matter, - 2 - and the directions of this Court in CWJC No. 5499 of 2004, this Court finds it difficult to arrive at the determination that the petitioner was wrongly kept out of service from 31.5.2006 till 27.11.2006 so as to grant him back wages. The law stands well settled that grant of back wages is not a matter of course but shall depend on the facts and circumstances of each case including the status of the employee, whether he has any other source of income etc., which has to be more appropriately considered. Liberty is, therefore, granted to the petitioner to make an application for grant of back wages for the period 31.5.2006 to 27.11.2006, which this Court requires the Respondents to consider and decide appropriately in law within a maximum period of three months from the date of receipt and/or production of a copy of this order. The writ application is disposed with the aforesaid directions to that limited extent. AKS/ (Navin Sinha, J.)