URMILA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsellor the petitioner and the State.

(2.) Petitioner is the widow of late Ram Nandan Prasad, who was directed to superannuate with effect from 28.2.2002 while serving as Dafadar, Bit No. 3, P.S.-Runni Saidpur in the district of Sitamarhi on the basis of his date of birth 3.2.1944 recorded in the Service Book. Aforesaid date of birth, as entered in the Service Book was questioned by the service-holder under representation dated 10.7.2001, 12.8.2001, 1.3.2002, 16.4.2002 addressed to Collector, Sitamarhi, Annexure-A to the counter affidavit and Annexure-6 series to the writ petition. In the fight of the request made in representation dated 10.7.2001 instructions were issued from the Collectorate to District Superintendent of Education under letter no. 500 dated 31.7.2001 to verify the date of birth of the petitioner as recorded in the school transfer certificate dated 3.9.1991 granted by the Headmaster of Govt. Middle School, Manpur, Ratnawaii, P.S.-Runni Saidpur, District-Sitamarhi. Headmaster, Govt. Middle School under report dated 18.10.-2001, Anhexure-5/1 confirmed the genuineness of the signature of the Headmaster who_ issued certificate dated 3.9.1991 with reference to his admitted signature but failed to confirm the other entries of the school transfer certificate as the connected record stood destroyed in subsequent floods. Report of the Headmaster, Govt. Middle School was forwarded by the District Superintendent of Education to the Collectorate under letter no. 3896 dated 22.10.2001, Annexure-F. Notwithstanding the report dated 18/22.10.2001, Annexures-5/1, F and the observation of the Sub-Divisional Officer, Sitamarhi in his letter no. 33, dated 15.1.2002 that the year of birth of the husband of the petitioner, recorded in the police record opened at the time of his initial appointment as Dafadar and school transfer certificate is 1954 he was made to retire on 28.2.2002 ten years earlier in the light of his year of birth 1944 recorded in the service book. Even after retirement, the husband of the petitioner continued to represent for correction of his date/year of birth from 1944 to 1954 vide representation dated 1.3.2002, 16.4.2002, Annexure-6 series which could not bear fruit, meanwhile husband of the petitioner left for heavenly abode on 4.4.2005, whereafter petitioner filed representation dated 18.12,2006 before Hon'ble the Chief Minfster, Bihar which was also not considered, whereafter instant writ petition was filed on 14.8.2007 stating that husband of the petitioner was appointed as Dafadar, Bit No. 3, P.S.-Runni Saidpur, District-Sitamarhi on 18.11.1983 on the basis of the recommendation of the Panchayat Member bearing no. 377 dated 9.5.1982, contained in Annexure-1, close perusal whereof indicates that the age of the petitioner on the date of recommendation was 28 years, meaning thereby that he was born in 1954. After appointment of the husband of the petitioner as Dafadar his date of birth was entered as 3.9.1954 in the police record by Officer-in-Charge, Runni Saidpur P.S.

(3.) It is submitted on behalf of the petitioner that on account of clerical mistake at the time of opening of the Service Book of her husband his date of birth was incorrectly recorded as 3.2.1944. In this connection, it is submitted that the entries recorded in the Service Book 3.2.1944 by the clerk concerned was without taking into account the age of the husband of the petitioner, as mentioned in the recommendation for appointment as Chowkidar dated 9.5.1982, Annexure-1 and police record which was maintained soon after his appointment as Dafadar on 18.11.1983 by Officer-in-Charge, Runni Saidpur whereunder the date of birth of the husband of the petitioner was recorded on 3.9.1954. In this connection, husband of the petitioner made representations before the competent authority for correction of his date of birth from 3.2.1944 to 5.1.1954, which fact would appear from his representation dated 10.7.2001, Letter No. 501 dated 31.7.2001, Letter No. 346 dated 14.8.2001, Letter No. 26 dated 18.10.2001, Letter No. 3896 dated 22.10.2001, as contained in Annexures-A to the counter affidavit and Annexures-3, 4, 5 series of the writ petition respectively. It is submitted on behalf of the petitioner that aforesaid request was made by her husband to the authorities for correction of his date of birth on the basis of the school records, as would appear from school transfer certificate bearing No. 72 dated 3.9.1991 issued under the signature of Sri Phuldeo Singh, Headmaster, Government Middle School, Madhaul, Post Office-Manpur, Ratnawali, Sitamarhi. The representations of the husband of the petitioner, referred to above was not considered and he was directed to superannuate with effect from 28.2.2002 on the basis of his date of birth recorded in the service book i.e. 3.2.1944 under order bearing Memo No. 7 dated 28.2.2002 contained in Annexure-7 to the writ petition ignoring the finding of the District Superintendent of Education, Sitamarhi and Headmaster of the Middle School that signature of the Headmaster who issued school transfer certificate dated 3.9.1991 page 25 of the brief is genuine and observation of the Sub-Divisional Officer in Letter No. 33 dated 15.1.2002, Annexure-i that year of birth of the husband of the petitioner as recorded in school, police record maintained from the time of initial appointment is 1954 which may be further confirmed by obtaining verification of certificate dated 3.9.1991. It may be pointed out that Sub-Divisional Officer while making observation under letter dated 15,1.2002 for verification of certificate dated 3.9.1991 was not aware that certificate dated 3.9.1991 stood already verified by the competent authority Headmaster/District Superintendent of Education under report dated 18/22.10.2001, Annexures-5/1, F. In the light of the direction given by the District Magistrate to the District Superintendent of Education, Sitamarhi conveyed through Deputy Collector Incharge, General Section under letter no. 500 dated 31.7.2001, Annexure-B to the counter affidavit to verify the genuineness of the transfer certificate dated 3.9.1991, the District Superintendent of Education submitted report bearing letter no. 3896 dated 22.10.2001, Annexure-F enclosing the letter of the present Headmaster of Middle School, Madhaul, Runni Saidpur bearing letter no. 26 dated 18.10.2001, Annexure-5/1 certifying the genuineness of the signature of Sri Phuldeo Singh, Headmaster who had issued transfer certificate bearing no. 72 dated 3.9.1991 but stated that other entries in the certificate could not be verified as the records of the relevant year has been destroyed in subsequent floods. It is submitted on behalf of the petitioner that genuineness of signature of the Headmaster who issued school transfer certificate no. 72 dated 3.9.1991 was verified by the authorities, there is presumption of correctness with regard to the other entries of the certificate even though the same could not be verified as the records stood destroyed in the subsequent floods. In this connection, learned counsel for the petitioner referred to Sec. 114 of the Indian Evidence Act, Illustration (e). It is submitted that notwithstanding the confirmation made by the authorities about the correctness of the school transfer certificate under letter no. 26 dated 18.10.2001 husband of the petitioner was made to superannuate on the basis of reduced date of birth i.e. 3.2.1944 with effect from 28.2.2002 ignoring the instructions of the Sub-Divisional Officer contained in letter no. 33 dated 15.1.2002, Annexure-I to the counter affidavit in which the Sub-Divisional Officer had taken note of the date of birth of the husband of the petitioner recorded in the police record maintained from the time of his initial appointment as Dafadar i.e. 3.9.1954 and the school transfer certificate dated 5.1.1954 and the service book dated 3.2.1944 but as the Sub-Divisional Officer was not aware about the enquiry having already been made about the genuineness of the school transfer certificate under letter no. 3896 dated 22.10.2001 of the District Superintendent of Education enclosing the letter of the Headmaster bearing no. 26 dated 18.10.2001, Sub-Divisional Officer required further verification of the date of birth of the husband of the petitioner from school records as year of birth of the husband of the petitioner was common in both police and school record.