IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7135 of 2005 1. KARTIK NATH SINGH 2. AWADHESH KUMAR SAH 3. MAHANTH SINGH -------- PETITIONERS Versus THE STATE OF BIHAR & ORS . ----------- 2 10.5.2011 Prayer of the petitioners in this writ application is for a direction to the respondents for treating their date of retirement as 30th of June, 2005 in stead of 31st January, 2005. All three petitioners were appointed on the post of constable on 1.2.1968. At the time of appointment the date and month of birth was not recorded. Only year was recorded as 1947 in their service book. In the identity card also no date and month of birth was recorded. Only year was recorded as 1947. Petitioners’ case is that as per Rule 9 of the Bihar Service Code and Rule 97(1) of the Bihar Financial Rules, if in case of an employee, only the year of birth is known but the exact date and month of the birth is not known, 1st July should be treated as date of birth for the purpose of determining the date on which the officer concerned should be held to have attained the age of superannuation. Similar issue has been decided in the matters of Nemi Singh vs. State of Bihar and others. 2 Petitioners have already retired on 1.2.2005, though they should have superannuated on 30th June, 2005 in terms of Rule 9 of the Bihar Service Code as well as Rule 97(1) of the Bihar Financial Rules the date of superannuation would be 30th June, 2005. In this circumstance, petitioners would be deemed to have continued in service in the month of March, April and June, 2005. Petitioners would have also been entitled for receiving benefit of Government notification 24.3.2005, whereby the date of superannuation has been enhanced from 58 to 60 years. On account of such continuation in service petitioners’ date of retirement would have shifted to 30th June, 2007. Considering these facts, all three petitioners would be deemed to have continued in service till 30.6.2007. They will also be deemed to be entitled for salary and other consequential benefits for this period. Petitioners on account of this development would retire on 30.6.2007. Petitioners’ date of retirement would 30.6.2007 instead of 1.2.2005. Pension amount already received by the petitioners will be adjusted against the amount of salary, payable to them for the period in between 2.2.2005 to 29.6.2002. Remaining difference of arrears of salary 3 will be paid to the petitioners after adjustment of pension amount already received by them. The pension of the petitioners will also be needed to be re- fixed as on account of remaining in service till 30th June, 2007; petitioners will also be entitled for increment and other consequential benefits. Accordingly, the writ application is allowed. The date of superannuation of the petitioners will be fixed by the respondents as 30th June, 2007 and also consequential benefits, on account of extension of the date of superannuation, will be allowed to the petitioners, as soon as possible, without making any undue delay. A. Kumar ( Mridula Mishra, J.)