IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.7889 of 2002 Bibi Saleha Khatoon, widow of late Md. Tahir & daughter of late Abdul Waheed, retired Head Mistress, Urdu Kaniya Vidalaya, Tarwara, Kalyanpur, resident of village Ratwara, P.S. Kalayanpur, district Samastipur .. Petitioner Versus 1. The State of Bihar through Commissioner-cum- Secretary, Department of Primary Education, Government of Bihar, Patna 2. The Director, Primary Education, Government of Bihar, Patna 3. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga 4. The District Education Officer, Samastipur 5. The District Superintendent of Education, Samastipur 6. The Block Education Extension Officer, Kalyanpur, Samastipur .. Respondents **** /4/ 17.03.2009 Heard the counsel for the petitioner and the State. 2. Simple prayer of the petitioner is for payment of her arrears of salary for eleven months since February, to November, 2001. She was working as Head Mistress of Primary Urdu Girls School, Ratwara, Kalyanpur, Samastipur. Her date of birth in the service book is entered as 29.11.1941, as such, she should have retired on 30.11.2001. However, her case is that she was forced to retire eleven months earlier, on 30.01.2001. She submitted her pension papers. When it was received in the office of - 2 - the Accountant General finding her date of birth as entered in the service book pension papers were returned as petitioner was allowed to superannuate eleven months earlier. 3. In the counter affidavit also it is not disputed that petitioner’s date of birth as mentioned in the service book is 29.11.1941 and, accordingly, she should have superannuated on 30.11.2001. In the counter affidavit it is stated that it is the fault of the petitioner that she herself in her absentee report mentioned her date of birth as 30.01.1941 she stopped making her contribution in the Group Provident Fund Account one year earlier as provided under the Rule. For all these reasons, it was considered that her date of superannuation is 30.01.2001 and, accordingly, she was allowed to retire on 30.01.2001. 4. It may be mistake or error, but, the admitted fact is that petitioner’s date of birth is 29.11.1941 and she should have superannuated only on 30.11.2001. There was no prayer of the petitioner for premature retirement. Accordingly, the petitioner’s date of superannuation could not have been earlier to 30.11.2001. It is not clear from the - 3 - counter affidavit or from the statement in the writ application as to whether petitioner’s pension has been fixed and she has already started receiving her pension and has also received pensionary benefits. In case petitioner has received pension for those eleven months, which, in fact, should have been treated as period in service, the amount of pension so received should be deducted from arrears of her salary and the rest of the arrears of salary should be paid to the petitioner. She should be treated as superannuated on 30.11.2001. Her pensionary benefits as well as all other consequential benefits should be calculated and paid to her treating her date of superannuation as 30.11.2001. 5. With these observations and directions, this application is allowed. Cp:2/S.A. (Mridula Mishra, J.)