SRI BINDESWAR PRASAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This case relates to the date of birth of the petitioner. The petitioner was appointed as an unskilled worker with the respondent No. 2 with effect from 3rd Feb. 1985. He was given the appointment on the basis of an application form which is in English. The application form was required to be filled in by the candidate in his/her own handwriting. The petitioner's date of birth given in his application form was 21-7-1934 and his age was stated to be 50 years 5 months and 13 days as on 3-1-1985. The application form has been signed by the petitioner in Hindi. The petitioner was given an engagement form by the respondent No. 2. The engagement form also records the date of birth of the petitioner as 21-7-1934.

(2.) It is the petitioner's case that in 1986 he received an identity card in which his date of birth was mentioned as 21-7-34. The petitioner sought for rectification of his date of birth in his service records and submitted a School Transfer Certificate issued by the Headmaster, Naher Prathamick Vidyalaya, Village-Kotwali, P.O. Barawali, District Saran, Bihar, which showed that the petitioner's date of birth was 31st Dec., 1946. According to the petitioner no decision was taken in the matter although the petitioner repeatedly made representations to the respondent No. 2.

(3.) The respondent No. 2 on the other hand has stated that in 1986 the respondent No. 2 had written two letters to the Headmaster of the Naher Prathamick Vidyalaya requesting him to confirm the actual date of birth of the petitioner as "per the record of the school" and the date of issuance of the School Transfer Certificate. The respondents state that although the letters which were sent by registered post were received, no reply was forthcoming. Accordingly the case of the petitioner for correction of his date of retirement was rejected.