S.J. Mukhopadhaya, J.

1. The petitioner has challenged the order No. 18, dated 31st May, 2001, communicated vide Memo No. 2938-41, dated 31st May, 2001, whereby and where- under, the petitioner has been intimated the date of superannuation as 31st May, 2001.

2. The grievance of the petitioner is that respondent Judicial Commissioner, Ranchi has issued the impugned order, superannuating the petitioner w.e.f. 31st March, 2001, without taking into consideration the actual date of birth as recorded in his service book and the matriculation certificate.

3. In terms with Courts order the original service book of the petitioner was produced on 21st June, 2001. The Court made the following observations ;--

"From the 2nd page of service book, prima facie, it appears that the date of birth of petitioner was recorded as 18th May. 1945 on the basis of matriculation certificate. Therein, it has also been recorded that the petitioner has passed matriculation examination.

The said page seems to have been interpolated and the digit 5 has been changed to digit 3 and thereby the date of birth, prima facie, seems to have been changed from 18th May, 1945 to 18th May, 1943. It cannot be presumed that the petitioner made such interpolation in the date of birth to his advantage.

The Matriculation Certificate issued in the year 1960, passing of which recorded in the service book shows the petitioners date of birth as 18th May, 1945.

By the impugned order, dated 31st May, 2001, the learned Judicial Commissioner, Ranchi has not dealt the aforesaid matter, nor made it clear as to whether any minimum age for entry in the services of the State was prescribed by the State or not, when the petitioner was appointed.

Place the case for further hearing under the heading for admission on 4th July, 2001. The respondents will file counter- affidavit in the meantime.

The service book produced, is returned with direction to the respondents to get the same ready for placing it before the Court on the next date.

Let a copy of this order be handed-over to Mr. B. Poddar, learned AAG for communication to Judicial Commissioner, Ranchi."

4. The respondents in their counter-affidavits have given details of service history of petitioner, as mentioned below.

5. The petitioner was initially appointed by the Civil Surgeon, Ranchi, vide memo No. 1579, dated 2nd March, 1962. The service book was opened and prepared in 1963 by Prasar Seva Khand Padadhikari, Ranchi while the petitioner was in the services of the State. The petitioner subsequently joined the civil Court, as Lower Division Clerk in 1965. Thereafter, no fresh service book was opened, the earlier service book having received from the Health Department of the State.

6. At para 6 to the counter-affidavit it has been accepted that the date of birth of petitioner has been written in such a way that it can be read both as 1943, as well as, 1945. However, plea has been taken that the petitioner having joined the services of the State on 3rd March, 1962, if his year of birth is treated as 1945 in that event he is to be treated a minor at the time of appointment. On the other hand, if the year of birth is treated as 1943, then only the petitioner can be treated to have attained majority of 18 years at the time of his appointment.

7. The other stand taken by the Judicial Commissioner, Ranchi is that a person cannot serve more than 40 years as the minimum age for appointment is 18 years and age of retirement is 58 years. However, the aforesaid stand taken on behalf of Judicial Commissioner, Ranchi cannot be accepted, but to be rejected for the reason as discussed hereunder.

8. Admittedly, the petitioner passed matriculation examination in March 1960 and the certificate was issued on 1st December, 1960, i.e., much prior to his appointment. The service book of petitioner was opened on 28th/30th December, 1963 wherein it was taken into consideration that he has already passed the matriculation examination. On perusal of the original service