LAWS(JHAR)-2001-2-72

LOKNATH SHARMA Vs. STATE OF BIHAR

Decided On February 07, 2001
Loknath Sharma Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE question falls for consideration in this writ application is as to whether the date of birth mentioned in the service book can be interfered with at the fag end of the retirement of the employee. The question has already been settled by this Court as well as the Apex Court, wherein it has been repeatedly held that once the date of birth has been mentioned in the service book which has not been corrected within a reasonable period, say ten years, in that event the date of birth mentioned in the service book cannot be altered on any ground whatsoever at the fag end of the service career. In this case, admittedly, the date of birth mentioned in the service book is 4.9.40. Pursuant thereto, the petitioner was allowed to superannuate on 22.2.99. The order is under challenge merely on the ground that the date of birth of the petitioner according to the matriculation certificate is 4.9.1944. Admittedly, both the petitioner and the respondents have acted according to the date of birth mentioned in the service book. At this stage, this Court is not inclined to accept this submission and alter the date of birth mentioned in the service book. Accordingly, this writ application is dismissed.