Ras Bihari Singh vs The State of Bihar and Others

Shiva Kirti Singh, J.—Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the Accountant General, Bihar. In paragraph 3 of the writ petition it is admitted by the petitioner that in his service book, against the column date of birth only year 1942 is mentioned. On that basis the authorities have superannuated the petitioner with effect from 30.6.2000. This Court finds that action of the respondents in retiring the petitioner with effect from 30.6.2000 when only the year of his date of birth is mentioned in his service book is in accordance with statutory provisions in Rule 233 (iii) of the Bihar Board''s Miscellaneous Rules. This Court has recently decided the issue involved in this case and that judgment is reported in Baban Singh Vs. State of Bihar and Others, . In that judgment several earlier judgments have been considered. Following that judgment this writ petition is found to be without any substance. It is accordingly dismissed.

In respect of other grievances relating to his retiral benefits, if any, petitioner may file representation before the concerned authorities.