IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.176 of 2011 MD. NEMAJI, SON OF LATE FULMAN MIAN, RESIDENNT OF MOHALLA ALINAGAR(ANISABAD) P.S. GARDANIBAGH, P.O. ANISHABAD, DISTRICT PATNA. Versus THE STATE OF BIHAR & ORS. . ----------- 02. 30.03.2011 By filing this modification petition seeking modification of order no.7 dated 6.7.2010 passed in C.W.J.C. No.8180 of 2009, Annexure-1 counsel for the petitioner states that order dated 6.7.2010 has been passed on the basis of incorrect facts placed on record by the respondent Seed Corporation in their counter affidavit and relying on the said counter affidavit this Court held under orders dated 6.7.2010 that the Corporation has taken a conscious decision not to extend the age of superannuation of its employees from 58 to 60 years but fact is otherwise as the Corporation had already taken decision prior to the filing of the said counter affidavit to extend the age of superannuation of its employees who are cleared by the screening committee. The decision is contained in Annexures-2 and 3 which is the proceeding of the Board of Directors of the Corporation dated 16.4.2010 and office order bearing memo no.501 dated 29.4.2010. If the orders of 2 this Court dated 6.7.2010 has been passed relying on the incorrect statements made in the counter affidavit petitioner is entitled to seek review of order dated 6.7.2010 on the ground of suppression of correct fact by the Corporation. The modification application is, accordingly disposed of granting liberty to the petitioner to seek review of the orders of this Court dated 6.7.2010. Rajesh/ ( V. N. Sinha, J.)