RAJENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, as well as learned S.C. 6 at length and also counsel for the Bihar School Examination Board.

(2.) THE present writ application has been filed for quashing the order dated 9.7.2002 passed by the Respondent No. 5, Superintendent of Police, Kaimur at Bhabhua, as contained in Annexure -1, whereby the petitioner has been directed to superannuate from service with effect from 25.6.2002. A further prayer has been made that the petitioner be allowed to continue in service till the date of his superannuation treating his birth as 2.1.1945. It has further been contended that the petitioner be deemed to be continuing in service without break till that date when he superannuates in view of reaching the age of superannuation and other consequential financial benefits.

(3.) LEARNED counsel for the petitioner has drawn the attention of the Court towards the judgment of a Division Bench of this Court in the case of murli Manohar Tiwary vs. The State of Bihar and Ors. (1986 PLJR 1180). In support of the contention, petitioner has pointed out the specific paragraph - 6. of the said judgment that a decision has been taken by the State Government regarding correction of dates of birth mentioned in the service books of the police officers with reference to their matriculation certificates whether the same is applicable even to persons who have passed their matriculation examination after being appointed as a Constable. Reliance on the said part of the judgment is only to the effect that there was such a decision regarding correction of date of birth of an employee in the police department if the entry in his service book is not in view of the date given in his matriculation certificate.