RAM CHARITAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The dispute in this matter is over the date of birth of the petitioner. According to the petitioner's claim his date of birth is 30th June, 1940, whereas, according to the respondents the date of birth of the petitioner is 30th June, 1939.

(2.) If the petitioner's assertion is accepted then the petitioner completes the age of 58 years on 30th June, 1998 and retires with effect from 1st July, 1998. If the claim of respondent is accepted, that the date of birth of the petitioner is 30th June, 1939 then the petitioner retires on 1st July, 1997. It is not in dispute that the petitioner was initially appointed on 16th Sept., 1961. If the petitioner's assertion about the date of birth is accepted, even then it cannot be disputed that the petitioner joined the service after attaining the age of majority.

(3.) It appears from the averment made in the writ petition that the petitioner in support of his date of birth has annexed with this writ petition the following documents: The admit card issued by the Bihar Vidhayalaya Pariksha Samitee and also the admission card issued by the Bihar School Examination Board on 17.7.1960 which shows that the petitioner's date of birth is 30th June, 1940. The certificate issued by the Bihar Vidhayalaya Pariksha Samitee which shows that the petitioner's date of birth is 30th June, 1940, and also the certificate issued by the school authorities from which the petitioner appeared. It is not in dispute that the admission card on which the petitioner relied was issued by the Headmaster of the School concerned on 17th July, 1960 which was prior to the petitioner's joining the service which shows that the said document is of a date when there was no dispute about the petitioner's age. Relying on those documents the petitioner asserts that his date of birth must be recorded as 30th June, 1940.