SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and V.N. Khare, JJ.

Civil Appeal No. 6067 of 1999. (Arising out of SLP (C) No. 2870 of 1999) D/d. 15.10.1999.

Hari Singh - Appellant

Versus

State of Bihar & others - Respondents

Superannuation - Date of birth - Government servant retired from service treating his date of birth to be one anterior to that recorded in his service-book - On the ground that if the recorded date of birth was taken to be true, he would not have completed the prescribed minimum age on the date of joining of training - Held that, without examining the merits of the Department's contention and in absence of notice to the Government servant concerned of accepting a date of birth other than that recorded in his service-book, such an order, is unsustainable.

[Para 2]

ORDER

G.B. Pattanaik, J. - Leave granted.

2. The appellant entered Government service and in the service-book his date of birth is recorded as 112-1943. On that basis he would have superannuated on 3011-2001. The competent authority however has passed an order retiring the appellant from service treating his date of birth to be 177-1936. This order is on the basis that when the appellant entered for training in 1961, his date of birth being 1943 he could not have got that training, inasmuch as he had not completed 19 years of age, as required under the rules. The learned counsel for the appellant however controverts this position, inasmuch as, according to him, it is only for a substantive appointment and not for training. We are not however delving into an inquiry on this aspect inasmuch as, in our opinion, the impugned order of the Government cannot be sustained as concededly the Government never put the employee on notice to indicate that the date of birth as entered in the service-book is incorrect though it could have done so. Since no notice has been given to the employee concerned for accepting a date of birth other than the one entered in the service-book, the impugned order of retirement cannot be sustained. We set aside the impugned order altering the date of birth of the appellant. The appellant must be deemed to be continuing in service until duly superannuated in accordance with law.

3. This appeal is accordingly allowed.

Appeal allowed.