Full Judgment
2. The District Magistrate, Nawada.
3. The Anchal Adhikari, Akbarpur, Distt. Nawada. .... .... Appellants. Versus Janki Gope, S/o. Late Baiju Mahto, R/o. Vill.- Maheshdih, P.S.- Akbarpur, Distt.- Nawada. .... .... Respondent. ====================================================== Appearance : For the Appellants : Mr. B. S. Pandey, A. C. to A. A. G. VII. For the Respondent : Dr. Dayanand Jha, Advocate. =====================================================”
13. 01-2012 Heard learned counsel for the appellants and learned counsel for the respondent. The learned Single Judge has considered the matter on its own merit and allowed the writ petition holding that the State ought to have accepted the age of respondent as per ascertaining the age of respondent in the medical report. We are not in agreement with the contention raised by the appellants that the writ petition ought not to have been allowed. State counsel has stated that the date of birth has been entered as 1947 in the service register. 2 However, the counsel for the State has not been able to produce any material to support his contention with regard to the date of birth of respondent in the year 1947. In absence of which the employer has to necessarily follow upon the report of the Medical Board. Accordingly, the department has subjected him to the Medical Board and the age was ascertained by the Medical Board which was accepted by the State and now it cannot be disputed that such report of the Medical Board has not become final by saying that the date of birth is in the year 1947. Considering the aforesaid facts and circumstances of the case, we are not inclined to entertain this appeal. Accordingly, this L.P.A. stands dismissed. (T. Meena Kumari, J.) S.A./Kundan (Gopal Prasad, J.)