IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6703 of 2006 MOSTT.MARO DEVI @ MALO DEVI Versus BIHAR STATE ELECTRICITY BOARD& ORS ----------- 3 7.8.2008 Heard learned counsel for the parties. Vide a communication contained in annexure-4 dated 20.9.1997 petitioner’s date of birth in service book was refixed as 5.2.1946. According to this communication this date was determined as initial entry in date of birth column of the service book was shown to 5.2.46. It is not denied however that based on a medical opinion another date of birth i.e. 9.1.1959 was recorded in the service book. The respondents allege that there is overwriting. Based on redetermination of age petitioner has been made to retire on 28.2.2006 vide communication dated 31.8.2005. No counter affidavit has been filed on behalf of the petitioner despite writ application being pending for more than two years. Therefore the present writ application is being disposed of on the averment of the petitioner and the law on the subject rendered by various Bench of this Court. In this regard recent decision rendered in the case of Sagir Ahmad vrs. The State of Bihar & Ors. reported in 2007(4) PLJR 503 has been relied on by the petitioner in support of her claim that an unilateral decision cannot be taken in fixing a date of birth or retirement. If any infirmity is found in the service book then the petitioner should have been placed before a Medical Board and the opinion of the Medical Board should have been - 2 - taken into consideration in refixation of the date of retirement of the petitioner. It is apparent that the decision which has been taken against the petitioner contained in annexure-5 is outcome of a communication contained in annexure-4. It seems to be an unilateral decision. A decision of this kind taken against the petitioner against her interest can never be allowed without giving an opportunity of hearing. This writ application therefore is allowed. Annexure-5 is quashed with a direction upon the respondents that they shall place the petitioner before a Medical Board and the opinion of the Medical Board shall decide the issue with regard to the date or age when the petitioner shall retire from the service of the respondents. An early decision will be in the interest of the petitioner as well as the Board. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)