MOHAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner' and the learned Counsel for the State.

(2.) A counter affidavit is stated to have been filed on behalf of the State on 28.8.2009. The same is not available on the record, The Court therefore requested Counsel for the State to make available his copy for perusal so as not to hold up the proceeding on that ground. The office is directed to trace the counter affidavit and place the same on record.

(3.) Learned Counsel for the Petitioner submits that he passed matriculation in 1966. The matriculation certificate mentions his date of birth as 265.1951. He was appointed as a Constable on 6.10.1970. The Petitioner in 1973 on the basis of the aforesaid educational qualification was considered and promoted to the post of Literate Constable. The Respondents accepted the genuineness of the matriculation certificate and the entries therein. The Petitioner therefore is due for superannuation in accordance, with his date of birth mentioned in the matriculation certificate and not on 1.7.2008 as urged on behalf of the Respondents. The order dated 31.10.2008 which rejects his request primarily on the ground of entry in the service book of his year of birth as 1948 and that he has not made any request for correction in his date of birth within ten years of entry in service under Rule 96 of the Bihar Finance Rules, is contrary to law.