BIJENDER PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for quashing the order, dated 24.10.1999 passed by Senior Superintendent of Police, Ranchi whereby the petitioner has been made to retire with effect from 31.7.1999 taking his date of birth as 10.7.1941.

(2.) PETITIONERS case, inter alia, is that he was appointed on the post of Constable in 1964. Thereafter, he applied for permission for appearing in matriculation examination. The petitioner passed matriculation examination in 1970. In 1971 the petitioner submitted his matriculation certificate with a view to obtain promotional benefits. The petitioner was sent for obtaining training and he was promoted to the post of ASI. At the time of the petitioner came to know about the incorrect entry in the service records and, therefore, he made a representation before the authority for correction of his date of birth from 10.7.1941 to 13.4.1945. Petitioners date of birth was, accordingly corrected by the respondent -authority and a direction was issued for making correction in the date of birth of the petitioner in the service records according to the matriculation certificate. The date of birth was, accordingly, corrected on the basis of the matriculation certificate. However, despite correction made in the service records, the petitioner was served with the impugned letter of superannuation taking his date of birth as 10.7.1941.

(3.) SOME of the relevant facts pleaded in the writ petition have not been denied or disputed by the respondents. The petitioner was appointed in 1964 and in 1970 he passed matriculation examination where his date of birth was recorded as 13.4.1945. In 1970 -71 when his case for promotion was considered, he after having come to know about the entry incorrectly made in his service records, made a representation for correction of his date of birth. The objection/representation of the petitioner remained pending for so many years and it was only in 1981 the Deputy Inspector General of Police (Administration), Bihar, Patna passed an order directing the concerned authority to correct the date of birth of the petitioner in the service records according to the matriculation certificate. A copy of the order has been annexed as Annexure 4 to the writ application. But, inspite of the aforesaid order when the date of birth of the petitioner was not corrected in the service records, the petitioner again tiled representation on 15.12.1982 and ultimately the date of birth of the petitioner was corrected in the service records in 1983. However, at the fag end of the retirement, the respondents issued the impugned letter informing the petitioner that he is to superannuate with effect from 31st July, 1999. The petitioner, in support of correctness and genuineness of the date of birth recorded in the matriculation certificate, has filed a photocopy of the extract of the Admission Register of the school duly certified by the Headmaster as Annexures 7 and 8 to the writ application. In the Admission Register the date of birth of the petitioner has been recorded as 13.4.1945. The genuineness and correctness of the Admission Register has not been disputed by the respondents, it is also not the case of the respondents that any interpolation has been made in the service records or service book nor is there any material on the basis of which the respondents could dispute the correctness of the date of birth of the petitioner.