BISHWANATH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS writ application is directed against the orders as contained in Annexures 8 and 9 whereby and whereunder the representation filed by the petitioner for correction of his date of birth has been rejected and consequential directions for superannuation of the petitioner have been issued. Bihar State Electricity Board Versus Balo Rai,Ram Pravesh Mahto

(3.) 3.83 and during his continuance in service the authorities vide memo no. 4336 dated 28.7.94 asked its employees for submission of their original certificates for verification and the petitioner submitted his matriculation certificate as proof of date of birth immediately thereafter and the date of birth of the petitioner was entered in his service book as 5.7.1947. In the meantime, a memo as contained in Annexure 4 dated 19.9.2002 was issued informing the petitioner that he will superannuate with effect from 30th June, 2003. Pursuant to Annexure 4, the petitioner filed his representation as contained in Annexures 5 and 7 requesting the authorities to re -consider his case in view of the date of birth entered in the service book and also in his matriculation certificate as 5.7.1947. The representations of the petitioner, however, were considered and rejected by the order as contained in Annexure 8 and consequential order was issued vide Annexure 9 reiterating the same stand that petitioner would superannuate with effect from 30th June, 2003. 4. Learned counsel for the petitioner submitted that at the initial stage of appointment of the petitioner on the post of Police Constable his age was assessed to be as 21 years in the year 1966 as by that time he had not passed matriculation examination and no sooner he passed matriculation examination in the year 1970 where his date of birth was mentioned as