Sheo Shankar Singh Vs. State of Bihar and ors.

Sheo Shankar Singh vs State of Bihar and ors.

Disposition Application allowed Court Patna Decided Jul 14, 2004

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https://sooperkanoon.com/case/136721

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Citation: sooperkanoon.com/136721
Court: Patna High Court
Judge: Narayan Roy, J.
Decided On: Jul 14, 2004
Case Number: CWJC No. 313 of 2001
Subject: ;Service
Disposition: Application allowed

Case Summary

AI-generated summary - not the official court judgment text.

Service law - Retirement date--Where date of birth of a governmen servant not recorded in detail--If the date of birth of a Government servan is not recorded in detail and only the year is shown In the service book, thei he would retire after completion of his tenure by the end of the year. -

Key legal issue: ;Service
Outcome / disposition: Application allowed
Acts & sections: Service Law

Parties & Advocates

Appellant / Petitioner

Sheo Shankar Singh

Advocate Shankar Dayal Singh, Adv.

Respondent

State of Bihar and ors.

Advocate JC to SC 9

Legal References

Acts: Service Law

Excerpt

service law - retirement date--where date of birth of a governmen servant not recorded in detail--if the date of birth of a government servan is not recorded in detail and only the year is shown in the service book, thei he would retire after completion of his tenure by the end of the year. - narayan roy, j.1. heard learned counsel for the petitioner and jc to sc 9 for the respondents and considered the counter affidavit.2. the grievance of the writ petitioner is that though his date of birth as recorded in the matriculation certificate is 3.1.1944, the authorities forced him to superannuate in the month of july 2001.3. according to the case of the respondents, the date of birth of the petitioner has been recorded in the service book as 1943, as details were not furnished at the time of his entry in service.4. according to the case of the respondents, the petitioner could have superannuated by the end of the year i.e. by 31st december, 2001 after attaining the age of 58 years. but, somehow or the other, he was forced to superannuate in the month of july 2001 itself.5. if the date of birth of a government servant is not recorded in detail and only the year, is shown in the service book, then he would retire after completion of his tenure by the end of the year, but, admittedly, in this case, the petitioner was asked to superannuate in the month of july 2001.6. law on this point is very clear and in this connection, reference may be made to the case of bharat singh alias bharat rao v. state of bihar and ors., 2001 (1) patna law journal reports 641.7. considering the facts and circumstances of the case and in view of the legal proposition, as noticed above, this application is allowed and the respondent authorities are directed to pay the due salary of the petitioner with all consequential benefits, as calculated upto 31st december, 2001, within a period of three months from the date of receipt/production of a copy of this order. it is needless to say that the pension of the petitioner will be fixed according to the last pay drawn by him.8. with the direction/observation aforesaid, this application is disposed of.

Full Judgment

Narayan Roy, J.

1. Heard learned counsel for the petitioner and JC to SC 9 for the respondents and considered the counter affidavit.

2. The grievance of the writ petitioner is that though his date of birth as recorded in the matriculation certificate is 3.1.1944, the authorities forced him to superannuate in the month of July 2001.

3. According to the case of the respondents, the date of birth of the petitioner has been recorded in the service book as 1943, as details were not furnished at the time of his entry in service.

4. According to the case of the respondents, the petitioner could have superannuated by the end of the year i.e. by 31st December, 2001 after attaining the age of 58 years. But, somehow or the other, he was forced to superannuate in the month of July 2001 itself.

5. If the date of birth of a Government Servant is not recorded in detail and only the year, is shown in the service book, then he would retire after completion of his tenure by the end of the year, but, admittedly, in this case, the petitioner was asked to superannuate in the month of July 2001.

6. Law on this point is very clear and in this connection, reference may be made to the case of Bharat Singh alias Bharat Rao v. State of Bihar and Ors., 2001 (1) Patna Law Journal Reports 641.

7. Considering the facts and circumstances of the case and in view of the legal proposition, as noticed above, this application is allowed and the respondent authorities are directed to pay the due salary of the petitioner with all consequential benefits, as calculated upto 31st December, 2001, within a period of three months from the date of receipt/production of a copy of this order. It is needless to say that the pension of the petitioner will be fixed according to the last pay drawn by him.

8. With the direction/observation aforesaid, this application is disposed of.

Same Court & Year Patna · 2004 Same Parties Sheo Shankar Singh vs State of Bihar and ors. Same Subject ;Service Same Judge Narayan Roy, J. Acts & Sections Service Law

;Service