RAJ DEV MISHARA Vs. STATE OF M.P.

JUDGEMENT

(1.) By the instant petition filed under Article 226 of the Constitution of India, the petitioner is assailing the order dtd. 3/2/2021 (Annexure-P/2) whereby the petitioner is shown to be retired on attaining the age of 62 years; the said order also contains the date of birth of the employees retiring within a period of 24 months.

(2.) In the order dtd. 3/2/2021, name of the petitioner is shown at Sr.No.33 and his date of birth is shown as 1/5/1962, which has been taken from the date of birth recorded in service book.

(3.) Learned counsel for the petitioner submits that in the mark-sheets of 5th and 10th class and also in his Aadhar Card and PAN Card, the correct date of birth is shown as 15/8/1962. As per the petitioner, on 25/10/2022, he represented the matter to the Superintendent of Police, Shahdol; his representation is available on record as Annexure-P/3. Thereafter, his case was recommended by the Superintendent of Police to the Finance Officer, Police Headquarters, Bhopal. The Finance Officer further returned the matter to the Superintendent of Police saying that the date of birth recorded in the service book cannot be changed unless there is an order of the Court because as per the circular dtd. 23/8/1996 of the Finance Department, if there is no manipulation in the date of birth in service book, the same can be changed only by virtue of order of the Court and that proposal is sent to the Administration department.