Navin Sinha

1. Heard learned Counsel for the petitioner and the State.

2. I.A. No. 543 of 2012 has been filed questioning the order dated 18.1.2012 passed during pendency of the writ application that the petitioner stood superannuated with effect from 30.6.2010 reckoning his date of birth as 28.6.1950.

3. Considering that it is a development taken place during the pendency of the writ application, and a sequel to the original order preventing him from working and stopping payment of salary, it is considered proper to allow the application so that the controversy be brought to finality.

4. The petitioner was appointed as a Jeep Driver in the work charged establishment on 27.6.1983.The original challenge was to the order dated 25.11.2011 directing stoppage of his salary and direction not to take work pending determination of his date of birth.

5. It is submitted that at the time of his entry in service the Medical Officer, Sadar Hospital at Madhubani by certificate dated 28.6.1983 assessed his age as 30 years. The Service Book opened on 29.11.1983 mentioned his date of birth as 28.6.1953 in English numeric as also in words in Hindi. At the time of consideration for grant o