BABAN RAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant, a home-guard, is aggrieved by the alteration of his date of birth on being retired on the ground that his date of birth could not have been altered after 17 years of his service and for which there is no factual foundation. The contention, therefore, is that the action taken is contrary to law including the provisions of the Pension Rules as also the service conditions governing the services of Home-Guards.

(2.) The background in which the writ petition came to be filed in the year 2013 is that the date of birth which was recorded in the service book i.e. 5.10.1959, was altered to 7th of January, 1955 on 11th of September, 1998. It is undisputed that the appellant had been called upon to submit an explanation in this regard to which a reply was given by the appellant whereafter the date of birth was altered.

(3.) The first contention on behalf of the appellant by the learned counsel is that this alteration was carried out without tendering any information of the order having been passed in this regard. In effect, the contention is that the appellant had no knowledge nor was he served with any order informing him about the change being brought about. Learned counsel for the appellant contends that the appellant was under an impression as if no such action had been taken, but he came to know about the same in the year 2013 when such other similar cases of other alterations gained rumour. It may be mentioned that the order of alteration of some other constables is dated 11th of September, 1998 which contains a recital that the information of this alteration be given to the appellant.