DARSHAN LAL Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following relief(s):-

(2.) The case of the petitioner is that earlier he was appointed as a daily wager and subsequently, he was classified and his service book was prepared. When the petitioner came to know about the incorrect date of birth mentioned in the service book, then he approached the authorities for correction of his date of birth in the service book, however, the same has not been done. It is submitted that in the service book, his date of birth has been mentioned as 18-5-1958, whereas his correct date of birth is 10-10-1961. It is submitted that although the respondents have got his marksheet verified from the concerning school, even then, he has been retired from service by treating his date of birth as 18 -5-1958 on the assumption, that the petitioner has attained the age of 62 years. Thus, it is prayed that on the basis of the correct date of birth i.e., 10-10-1961, the petitioner has not attained the age of 62 years and therefore, he may be permitted to continue to remain in service, till he attains the age of superannuation i.e., 62 years. Considered the submissions made by the Counsel of the petitioner.

(3.) The petitioner has not challenged the date of birth i.e., 18-5- 1958 which is mentioned in his service book. The petitioner must be aware of the fact that the challenge to the date of birth at the fag end of service or after the retirement is not maintainable. However, the petitioner lost sight of the fact that unless and until the date of birth mentioned in service book is corrected, he cannot be permitted to continue in service after 30-5-2020.