Rajendra Mishra vs The Bihar State Electricity Board and Others

Radha Mohan Prasad, J.—In this writ petition the Petitioner is aggrieved on account of redetermination of his date of birth taking into consideration the average of his age found between 56 to 58 by the Medical Board vide its report, contained in Annexure 6. It is submitted that on that basis the Respondent Board has erroneously treated his date of birth as 12.8.1941. Learned Counsel for the Petitioner has submitted that in view of the principle decided by the Division Bench of this Court in the case of Bihar Electricity Board Vs. Bihar Powers Workers Union and Others, , that in case of computation of age under such circumstances where the Medical Board has determined the age between 58 to 60 years, the benefit of lesser age shall go to the employee. As such it has been submitted that even on the basis of the report of the Medical Board, the Petitioner''s age on 21.11.1998 shall be 58 years and the Board has committed error in determining his age by taking into account the average of the age determined by the Medical Board.

This Court finds substance in the submission of the learned Counsel for the Petitioner. In view of the settled principle, learned Counsel for the Board has not been able to defend the action of the Respondent Board in fixing 12.8.1941 as the date of birth of the Petitioner on the basis of average of the age of the Petitioner found by the Medical Board, vide Annexure 6.

In the result, the writ application is allowed and the Respondents are directed to give the benefit of lesser age of the age determined by the Medical Board, vide Annexure 6, to the Petitioner and consequently allow him to continue in service accordingly with all benefits, including post retiral benefits.