SHIVA NATH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner joined police service on 23.01.1962. He was not a matriculate but he gave his year of birth as 1942. Accordingly, he was to retire in 30.06.2000. It appears that during service in 1969, the petitioner gave his matriculation examination and passed. On the basis of being a matriculate, he availed various benefits including promotional benefits. Six months prior to his scheduled retirement, he was not noticed about his superannuation at that stage after having served for 38 years. He represents to challenge of his date of birth on basis of the matriculation certificate. He now wants that his date of birth should be 13.02.1944. The effect thereof would be extending his service by another 2 years. Nothing has been brought on record. It is clear that at any point of time from 1969 to year 2000, he had not made any representation for correction of his date of birth. This is coming for the first time on the eve of his retirement though the entry in the service record right from the beginning is of the year 1942.

(2.) The petitioner has challenged the order of superannuating him with effect from 30.06.2000 and submits that he ought to have been superannuated with effect from 30.06.2002.

(3.) Having heard learned counsel for the petitioner and learned counsel for the State,, this application is being disposed of it the stage of admission itself.