JUDGMENT :

(Shree Chandrashekhar, J.)

Against the order dated 14th January 2011 passed in Civil Review No. 121 of 2009, the Bihar State Electricity Board [now Bihar State Power (Holding) Company] and its officers have preferred this Letters Patent Appeal.

2. The appellants are aggrieved by the modification in the writ Court’s order to the extent that liability to pay the post retiral benefits to the writ petitioner has been fastened on the Bihar State Electricity Board (in short ‘Bihar Board’).

3. Briefly stated, the writ petitioner who is the respondent no. 5 in the present proceeding (hereinafter referred to as ‘respondent’) was issued a show cause notice for producing his matriculation and other certificates to establish that his actual date of birth as recorded in the service book was 1st January 1958. However, on scrutiny of the records, it was detected that he was born on 1st February 1941 but got a wrong date of birth recorded in the service book and continued in service till 7th April 2000. That is, beyond 31st January 1999 when he was due to retire. The respondent who was employed under the erstwhile Bihar State Electricity Board (in short ‘Bihar Board’) approached the wri