IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.15757 OF 2004 RAJ MANGAL PRASAD SINGH SON OF LATE RAM BILAS SINGH RESIDENT OF VILLAGE-BHANDARI, P.S. BELSAND, DISTRICT-SITAMARHI. ……PETITIONER. VERSUS 1. THE V.C.,BHIM RAO AMBEDKAR, BIHAR UNIVERSITY, MUZAFFARPUR. 2. THE BHIM RAO AMBEDKAR, BIHAR UNIVERSITY MUZAFFARPUR THROUGH ITS REGISTRAR. 3. THE FINANCE OFFICER, BHIM RAO AMBEDKAR, BIHAR UNIVERSITY, MUZAFFARPUR. 4. THE REGISTRAR, BHIM RAO AMBEDKAR UNIVERSITY, MUZAFFARPUR. 5. THE PRINCIPAL, JAGARNATH SINGH COLLEGE, CHANDAULI, P.S. BELSAND, SITAMARHI. 6. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA. …..RESPONDENTS. ----------- 07. 18.10.2011 No one appears for the petitioner. Counsel for the State is present. The challenge of the petitioner in this writ application is to an order of the University dated 24.09.2004, whereby and whereunder, he has been deemed to have been superannuated w.e.f 30.04.2000, on the basis that his date of birth was 05.04.1940. From the pleadings on record, it would transpire that the petitioner had tried to make out a case on the basis of his matriculation certificate showing his date of birth to be 05.04.1944, but then the University has produced the authentic materials to show that in the T.R register of Bihar School Examination Board, the date of 2 birth of the petitioner has been recorded as 05.04.1940. Such report of the concerned official being Annexure-A to the counter affidavit filed by the University, copy whereof was served on the counsel for the petitioner on 10.03.2011 has not been controverted by the petitioner till date. That being so, this Court would not find any error in the impugned order making the petitioner to superannuate on the basis of his date of birth i.e. 05.04.1940. It is, however, made clear that the petitioner’s salary and emoluments which is already paid to him prior to the issuance of the impugned order will not be recovered from him but his entire length of service and retirement benefits would be calculated on the basis of his date of retirement i.e. 30.04.2000. With the aforementioned observation and direction, this application is disposed of. RANJAN (MIHIR KUMAR JHA, J.)