IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7223 of 1998 Bindeshwari Singh, son of late Roop Narain Choudhary, resident of village Masuria, Post Banchi, P.S. Banmankhi, District Purnia … Petitioner Versus 1. The State Of Bihar 2. The Commissioner cum Secretary, Health Department, Vikash Bhawan, New Secretariat, Govt. of Bihar, Patna 3. The Director-in-Chief, Health Department, Govt. of Bihar, Vikas Bhawan, New Secretariat, Patna 4. The Chief Malaria Officer, Swasthya Bhawan, Govt. of Bihar, Sultanganj, Patna 5. The Civil Surgeon cum Chief Medical Officer, Madhubani 6. The Civil Surgeon cum Chief Medical Officer, Purnea 7. Incharge Medical Officer, Primary Health Centre, Pandaul, District Madhubani 8. District Malaria Officer, Purnea … Respondents ---------------------------------- 3. 19.8.2011 Heard counsel for the parties. Assailing the impugned order dated 20.2.1998 passed by the Chief Malaria Officer as with regard to the date of retirement of the petitioner, learned counsel for the petitioner has submitted that the said order cannot be sustained, inasmuch as it has not taken into account the fact that the petitioner had earlier been appointed in Government service on 4.4.1969 recording his date of birth as 4.11.1947 in his service book opened by the competent authority on 5.1.1971. He has further emphasized on the aspect that when a dispute as with regard to date of birth on account of entry of the date of 4.11.1937 in the second service book opened on 4.2.1978 due to missing first service book had cropped up, the competent authority had referred the matter to the Medical Board for determination of his age and the Medical Board in its report dated 30.7.1997 had found the petitioner to be aged 2 about 50 years, plus and minus one year which again had supported his date of birth of 4.11.1947 recorded in his first service book. Learned counsel, therefore, submits that the impugned order refusing to accept the date of birth as 4.11.1947 and holding the petitioner to have superannuated on the basis of his date of birth 4.11.1937 on the ground that the petitioner had sought change in his date of birth at the fag end of his retirement is unsustainable both on facts and in law because the only issue involved was with regard to correctness of the first entry of the date of birth of the petitioner in the first service book which also stood corroborated from the report of the Medical Board. Counsel for the State would submit that once the petitioner had put his signature in the entry made in the date of birth in the second service book showing 4.11.1937 to be his date of birth, he cannot be allowed to take any benefit of the entry made in the earlier service book. In the considered opinion of this Court the Chief Malaria Officer was required to look into the evidence which were clearly pointing out that the petitioner had entered in service on 4.4.1969 and his first service book was opened on 5.1.1971 showing his date of birth to be 4.11.1947. The authority, the Chief Malaria Officer, was also required to consider the effect of the evidence collected by the Department itself by referring the petitioner to the Medical Board wherein also the date of birth of 4.11.1947 got sufficiently proved inasmuch as his age determined 3 on 30.7.1997 was fifty years approximately. As these aspects have however not been considered by the Chief Malaria Officer while passing the impugned order and thus this Court would find that the case of the petitioner would require reconsideration by the Director in Chief of Health Services who is the Head of the Department and competent to make correction in the date of birth in terms of Rule 96 of Bihar Financial Rules. In that view of the matter, while this Court would quash the impugned order dated 20.2.1998 seeking to retire the petitioner retrospectively with effect from 30.11.1995 and remit the matter back to the Director-in-Chief of the Health Services who now on the basis of entry made in the first service book of the petitioner as also the report of the Medical Board would decide as to whether the petitioner could have been retired with effect from 30.11.1995 by treating his date of birth to be 4.11.1937. The Director-in-Chief would also keep in mind that the petitioner was infact allowed to continue in service beyond 30.11.1995 on the basis of evidence of his age as determined by the Medical Board. In any event as now the question would remain confined to payment of salary of the petitioner for the period 30.11.1995 onwards, inasmuch as if it is held that the petitioner’s date of birth was rightly recorded as 4.11.1947 in the first service book, he would be entitled to monetary benefits of continuance in service till 4.11.2007 because the age of retirement of the Government servant was enhanced from 58 years to 60 years in the month of 4 March, 2005. The Director-in-Chief, therefore, would be at liberty to hold his independent enquiry and would take his decision in the light of relevant documentary evidence and in the event it is found by him that the recorded date of birth of the petitioner of 4.11.1947 was correct, he would also pass necessary order for giving consequential monetary benefit for continuation in service of the petitioner from 30.11.1995 and till 30.11.2007. If, however, the Director-in-Chief would take a decision rejecting such claim of the petitioner, he will be required to record reasons after considering the effect of entry of date of birth of the petitioner made in the first service book as also report of the Medical Board. Such exercise must be completed within a period of six months from the date of receipt/ production of a copy of this order. In order to expedite the matter this Court would also give liberty to the petitioner to file a self contained representation enclosing all the evidence in support of his claim of his date of birth being 4.11.1947, whereafter the Director-in-Chief shall proceed to hold an enquiry and pass a reasoned order in the manner indicated above. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/