ORDER

1. LEAVE GRANTED.

2. HEARD THE LEARNED COUNSEL FOR THE PARTIES.

3. UNDISPUTEDLY THE APPELLANT WAS TAKEN IN EMPLOYMENT OF THE BIHAR STATE ELECTRICITY BOARD AS A KHALASI IN THE YEAR 1968. HOWEVER, IT APPEARS, HIS SERVICE-BOOK WAS OPENED ONLY IN THE YEAR, 1993 IN WHICH THE DATE OF HIS BIRTH IS RECORDED AS 13-1-1946. THE APPELLANT WAS ALLOWED TO CONTINUE THEREAFTER. IT APPEARS, SOMETIME IN THE YEAR 2000, IT WAS FELT THAT IN SOME CASES THE ORIGINAL SERVICE-BOOKS WERE EITHER NOT AVAILABLE OR LOST OR THERE WAS TAMPERING WITH THE SAME. SINCE IT IS ALLEGED THAT THERE WERE QUITE A NUMBER OF SUCH CASES IT WAS DECIDED TO CONSTITUTE A MEDICAL BOARD TO DETERMINE THE AGE OF THE WORKMEN. THIS IS HOW THE APPELLANT WAS ALSO EXAMINED BY THE MEDICAL BOARD IN THE YEAR 2000.

4. ACCORDING TO A LETTER ADDRESSED TO THE SUPERINTENDING ENGINEER, CONTAINING A CHART WITH A COLUMN "AVERAGE AGE" OF THE WORKMEN ON THEIR MEDICAL EXAMINATION, THE AGE OF THE APPELLANT HAS BEEN SHOWN AS 65 YEARS. A PERUSAL OF THE COUNTER-AFFIDAVIT WHICH QUOTES ONLY THE ABOVE LETTER, IN WHICH AS A MATTER OF FACT, IT IS STATED THAT THE MEDICAL BOARD WAS CONSTITUTED IN THE YEAR 2000. ON BEING ASKED THE LEARNED COUNSEL FOR THE RESPONDE