SHEW KUMAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 25.4.2003 (Annexure -4A) whereby the petitioner has been communicated that the date of birth mentioned in the service book on the basis of the matriculation certificate shall be recognized. Further prayer made by the petitioner is for payment of salary from June, 2000 to May 2002 and March and April, 2003.

(2.) IT is the stand of the petitioner that in response to the advertisement made by the respondent - Barh Municipality he filed application for appointment and disclosed his date of birth as 1.5.1947. His further stand is that according to the advertisement the maximum age prescribed for appointment was 27 years and taking into account the declaration made by the petitioner i.e. the date of birth to be 1.5.1947 he was appointed to the post. However, in the matriculation certificate the date of birth of the petitioner has been mentioned as 1.5.1945 as also in the service book. According to the petitioner he filed application for correction of date birth on 1.6.1979 (Annexure -

(3.) IT is well settled that entry in regard to the date of birth in the service book is of vital importance and cannot be corrected on flimsly ground. Here the date of birth of the petitioner in the matriculation certificate has been entered as 1.5.1945. In the service book also his date of birth has been entered as 1.5.1945. Even if I assume in favour of the petitioner that he crossed the upper age limit at the time of appointment that itself shall not entitle him for alteration of his date of birth which was duly recorded in the service book which is in conformity with the entry made in the matriculation certificate. I do not find any substance in this grievance of the petitioner.