KESHAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for quashing communication dated 28.6.1994, issued by the Deputy Commissioner, Commercial Taxes, Bihar Patna, contained in Annexure 11, whereby the Petitioner has been intimated that the State Government has rejected his representation filed on 5.2.1994, and that dated 30.6.1994, issued by the same officer, contained in Annexure 12, enclosing there under order of the Finance Commissioner, Department of Finance, Government of Bihar, whereby a reasoned order was passed upon the representation filed by the Petitioner on 5.2.1994 for making change in date of birth of the Petitioner.

(2.) The short facts are that the Petitioner is a Scheduled Caste and in the year 1954 he had appeared in Secondary School Examination from Bihar School Examination Board and after passing the same on 1.12.1954 Matriculation certificate was issued to him, where under date of birth of the Petitioner has been mentioned as 10th of June, 1937. In the year 1960, when the Petitioner applied for appearing in the 9th Combined Competitive Examination he declared his date of birth as 10th of June, 1937 and in support thereof attested copy of matriculation certificate was duly produced by the Petitioner. After the Petitioner was selected in this written test, at the time of interview he had produced the original certificate for verification of his date of birth by the Bihar Public Service Commission (hereinafter to be referred to as 'Commission') in proof of his age. After the Petitioner competed the Commission recommended the case of the Petitioner to the State Government for appointment and in the recommendation of the Commission Petitioner's date of birth was 10th of June, 1937. Along with the recommendation the Commission had sent original application submitted by the Petitioner for making appointment and attested copy of the matriculation certificate, referred to above, besides medical fitness certificate given by the medical board, wherein also In the column of date of birth it was mentioned as 10th of June, 1937. Under Rule 18 of the Bihar Finance Service Rules (hereinafter to be referred to as 'Rules'), the Commission is under obligation to publish a consolidated result of an examination and in the table of result published in the year 1961 there is one column in relation to age also and according to the age mentioned therein also Petitioner's date of birth was 10th of June, 1937.

(3.) Undisputedly, in the case of non-gazetted officer only service book incorporating therein date of birth duly signed by the Government servant is maintained, but in the case of gazetted officer no such service book is opened and date of birth, which is mentioned in the recommendation of the Commission is forwarded to the Accountant General, who maintains record of service of each and every gazetted officer and in the case of the Petitioner also after receipt of recommendation date of birth of the Petitioner was recorded by the Accountant General, but it was recorded as 10th of June, 1936 instead of 10th of June, 1937, of which the Petitioner had no knowledge at all. According to the Petitioner, in the beginning of the month of February, 1994 the dealing clerk made query from him as to why the Petitioner had not submitted his pension paper, which he was required to submit within six months before the date of his superannuation. When the Petitioner gave reply that question of submission of pension paper did not arise as he was to superannuate on 1st of July, 1995, the dealing clerk had shown him the register in the Department in which the date of birth of the Petitioner was mentioned as 10th of June, 1936. The Petitioner having learnt from the dealing clerk for the first time in February, 1994 that his date of birth has been mentioned as 10th of June. 1936 in the register filed a representation on 5.2.1994 for its correction stating therein that earlier he had no knowledge regarding his date of birth being 10th of June, 1936.