VIJAY KUMAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Greed is one of the many traits of a human being but so long as it remains within a tolerable limit and does not transcend equity and law, the Court of law would have no objection thereto. But if a citizen approaches the Court of law and wants the Court to play the game at his invitation, there will be some difficulty if the facts and law do not come to his rescue. The Court has reason to say so and which will be evident from a detailed assertion emerging from the records of this case.

(2.) Writ has been filed by the petitioner because he wants to continue in service by treating his date of birth as 15.7.1955 and as per entry made in the service book on the basis of the matriculation certificate. Such a relief has been prayed for because respondent authorities have decided to superannuate the petitioner on the basis of his age at the time of his enrollment i.e. 20.9.1953.

(3.) Petitioner was enrolled as a member of home guard on 11.9.1972. This enrollment was done by the Commandant, Bihar Home Guard at Saharsa. The age of the petitioner was declared as 19 years at the time of enrollment and this has significance because the minimum age for enrollment in home guard in accordance with the rules is 19 years. Anybody less than that age would not be eligible or entitled to be enrolled. After a couple of years of enrollment petitioner got an opening and was also appointed from the quota of home guard as a constable on 15.2.1975. At that point of time a matriculation certificate was tendered showing his date of birth as 15.7.1955. Petitioner continued to work under the respondents. According to him, after more than 3 decades a show cause was issued to him on 11.5.2012 as to why his date of birth should not be corrected to 20.9.1953 instead of 15.7.1955. Show cause was tendered by the petitioner. However, treating the petitioner's date of birth as 20th September, 1953, his date of superannuation was decided as 30th September, 2013. It is in this background that writ application has now been filed for correction in the date of birth on the basis of his matriculation certificate.