J.N.Bhatt, J.

1. In this group of two writ petitions virtually a common question has been placed in focus as to whether a person employed in Bihar State Khadi Gramoudyog Board, (respondent No. 1) could be superannuated on completion of the age of 58 years even if the total length of service is more than 40 years by invocation of the provision of Art. 226 of the Constitution of India.

2. This reference is the outcome and has been necessitated, as such, by virtue of the reference order, on hand, dated 14.5.2004, in CWJC No. 3929 of 2004, wherein a similar question arose as to whether an employee of the Board who has completed 40 years, of service from the date of joining could be retired on completion of 40 years of service or on superannuation age of 58 years.

3. With a view to appreciate the said contention, the learned single Judge considered a Division Bench decision of this Court in the case of Mokhtar Ahmad v. Bihar State Road Transport Corporation 1995 (1) PLJR 183, wherein, it was urged that the employer cannot change the date of birth of the employee and in accordance with law. Rules and Regulations a person can be retired on completion of superannuation age and not