IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15720 of 2004 Sulochana Devi, wife of Late Shiv Shankar Prasad, Mohalla Nalanda Colony, Khajpur, PS Shastri Nagar, Dist. Patna – Petitioner. Vs. 1) The State of Bihar through the Commissioner cum Secretary, Health Department, New Secretariat, Patna. 2) The Civil Surgeon cum Chief Medical Officer, Munger. 3) The Medical Officer, Haveli Kharagpur, Munger. 4) The Accountant General, Bihar, Patna – Respondents. 3 3.1.2011 The petitioner, who is the wife of Late Shiv Shankar Prasad, has come to this court for payment of retiral dues of her husband. This court by order, dated 9.1.2003 passed in CWJC No. 8412/2002 directed the Secretary, Health Department to make payment of pension to the widowed lady. While passing the order this court also observed that the payment will be made without prejudice to the rights of the petitioner to question the date of birth of her deceased husband. Subsequently payment of retiral dues was made to the petitioner treating the date of birth of her husband to be 4.7.1940. Counsel for the petitioner submits that the date of birth has been changed after the death of petitioner’s husband causing prejudice by the aforesaid order. A counter affidavit has been filed explaining the circumstances under which the date of birth of petitioner’s husband has been held to be 4.7.1940 instead of the claim made on behalf of Dr. Prasad that his date of birth was 4.7.1946. Relying on Annexure 2, which is the letter, dated 20.7.1998, sent by the Joint Secretary Vigilance, Bihar School Examination Board (‘the Board’, hereinafter) which indicates that the date of birth of 2 petitioner’s husband is 4.7.1946, which has been accepted by Annexure 3 by the Under Secretary, Health Department who has directed that the date of birth should be recorded as 4.7.1946, the petitioner submits that there is no occasion for the respondent State to hold that the date of birth of the petitioner’s husband is 4.7.1940. A counter affidavit has been filed clarifying the position. On information having been received by the Board with respect to the date of birth of Dr. Prasad, clarification was sought for from the Board enclosing the letter sent by the Board as well as the Principal, Gandhi High School where Dr. Prasad was studying at the time when he appeared for matriculation examination. The Board and the Principal of the aforesaid school vide Annexures ‘B’ and ‘C’ have indicated that Dr. Prasad’s actual date of birth as per the cross list and the tabulation register of the Board indicates that his date of birth is 4.7.1940. This being the position it is difficult for this court to hold that the date of birth of Dr. Prasad is 4.7.1946 as claimed by him. Both the documents i.e. cross list of the school and the tabulation register have clearly indicated the date of birth of Dr. Prasad. I, thus, do not find any illegality in the order as contained in Annexure 1 by which Dr. Prasad’s date of birth has been treated as 4.7.1940. This writ petition is accordingly dismissed. haque ( Sheema Ali Khan, J.)