IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.180 of 2008 JANKI GOPE . Versus THE STATE OF BIHAR & ORS . ----------- 2. 10.11.2009 Heard learned counsel for the petitioner. No one appears for the State. The Court has carefully perused the statement made in the counter affidavit. Chaukidar were made Government servants in 1990. The petitioner thus acquired the status of a Government servant as Choukidar and his service book was also opened in which in the column with regard to his date of birth, the year 1947 was entered. Doubts were expressed with regard to his age when he referred to medical examination by a Medical Board which on 14.12.2006 assessed his age as 51 years. Learned counsel submits that considering the strata of society from which the petitioner comes and his uneducated status, the question of his furnishing the exact date of birth therefore to pin him down on that basis as not recorded in the service book shall be doing injustice to him. The entry in the service book of the year of birth loses its relevance when he was doubted and appeared before the Medical Board. Now after his age has been assessed by the Medical Board, there is no justification to rely upon the entries in the service book and fix his date of superannuation on that basis. The counter affidavit explicitly makes it apparent that the respondents now choose to ignore the age assessment done 2 by the Medical Board as they find it not to their convenience and now seek to go back to the entries in the service book to fix his date of superannuation. That cannot be countenanced in law. The entries in the service book with regard to the age of the petitioner were waived by the respondents themselves by their conduct, in having the same assessed afresh by the Medical Board. This Court holds that the date of superannuation of the petitioner has to be assessed on basis of the medical assessment of his age as 51 years done on 14.12.2006. Considering the nature of the action of the respondents and the strata of society to which the petitioner belongs, this Court further considers it proper to grant him appropriate and full relief for his arrears of wages from the period for which he has been kept out from service. It shall he open for the State Government to initiate proper enquiry and recover the salary paid to the petitioner for the period that he remained out of service from the salaries of the concerned officials who chose to pass the impugned unreasoned order dated 3.1.2007 without dealing with or discussing the subsequent medical assessment of age simply relying upon the year of birth recorded in the service book, thereby intentionally ignoring relevant materials while taking decision. The writ application stands allowed. P. Kumar (Navin Sinha, J.)