IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3368 of 2006 BAIKUNTH SINGH son of Late Ram Charitar Singh, resident of Village-Bilaspur, P.O.-Chandragarh, P.S.-Nabinagar, District-Aurangabad. Versus 1. THE STATE OF BIHAR 2. The Secretary, Department of Forest, Government of Bihar 3. The Conservator of Forest, Gaya Circle, Gaya. 4. The Divisional Forest Officer, Punpun Land Conservation Division, Aurangabad. 5. The Divisional Forest Officer, Rajkiya Vyapar Mandal, Gaya. 6. The Accountant General, Bihar, Patna. ----------- 2 20.04.2010 Heard Mr. Bhanu Pratap Singh, learned counsel for the petitioner, Mr. S.P.N. Singh, learned A.C. to G.A.9 for the State and learned counsel representing the Accountant General. The petitioner joined as a Forest Guard with effect from 1957 and his date of birth at the relevant time was mentioned as 8.6.1936 but the same was corrected upon verification and production of the matriculation certificate to 16.2.1939 and the entry made in the service book was appropriately corrected. Despite the aforesaid position, the petitioner was made to retire on the basis of the earlier date of birth, on 8.6.1994. The petitioner came before this Court through C.W.J.C. No. 1699 of 1994 questioning the action of the respondent authorities in 2 retiring him on the basis of the date of birth on 8.6.1936 and which writ petition was allowed by a Bench of this Court by order dated 19.4.1995 (Annexure-2) directing the respondent for correction of the date of birth from 8.6.1936 to 16.2.1939. A further direction was issued for payment of the remuneration to the petitioner. It was also directed that the petitioner would be allowed to continue until age of 58 years on the basis of date of birth of 16.2.1939 i.e. on 16.2.1997. The Letters Patent Appeal preferred by the State was also dismissed by order dated 27.2.1997 passed in L.P.A.No.1553 of 1995 (Annexure-1). Learned counsel for the petitioner submits that in spite of the aforesaid position, the petitioner was made to retire with effect from 31.10.1996 and has been paid his pension and pensionery entitlements on the basis of salary drawn on the said date. He thus submits that not only the petitioner would be entitled to his salary with effect from 1.11.1996 up to 16.2.1997 but his pension and other pensionery entitlements also requires to be refixed and recalculated on the basis of the salary which the petitioner would be drawing on 3 the actual date of retirement i.e. 16.2.1997. Although a prayer for adjournment was made by the learned counsel appearing on behalf of the State but looking into the grievance set out in the writ petition, I am of the opinion that no fruitful purpose would be served in adjourning the matter in view of the clear circumstances governing the issue. Undoubtedly, the dispute regarding the date of birth stood resolved under the orders of this Court, holding the date of birth of the petitioner as 16.2.1939. As the tenure of service at the relevant time was up to the age of 58 years hence counting 58 years from the date of birth aforesaid, the petitioner would have superannuated on 16.2.1997. The action of the authorities of the State in retiring the petitioner on 31.10.1996 is not only illegal and arbitrary action but also a contempt of the order passed by this Court. Having regard to the aforesaid circumstances, the petitioner is entitled to the relief prayed in the writ petition. The writ petition is allowed, the concerned authorities of the State Government are directed to make payment of the salary of 4 the petitioner with effect from 1.11.1996 upto 16.02.1997. The respondents are also directed to refix and recalculate the pension of the petitioner on the basis of the last salary drawn by the petitioner on 16.2.1997 and make payment of the same after seeking necessary authorization from the Accountant General. Needless to add that the pension and pensionery benefits already paid to the petitioner would be adjusted by recalculating the benefits of the petitioner under the present order. The entire exercise is to be completed by the authorities including seeking authorization thereof within a period of three months from the date of receipt/production of a copy of this order. Bibhash ( Jyoti Saran, J.)