SHEKHAR CHANDRA MITRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred mainly for challenging the change of date of birth that instead of 7th May, 1949, it should have been 7th May, 1950 on the basis of matriculation certificate; and it has also prayed for the payment of salary for the period running from May, 2002 to January, 2006 and from January, 2006 onwards alonwith penal interest @ 18% per annum.

(2.) COUNSEL for the petitioner submitted that the petitioner was appointed with the respondents and as per his matriculation certificate, his date of birth was inserted in his service book as 7th May, 1950, which the was corrected later on as May, 1949 on the basis of medical examination of the petitioner, which is at Annexure2 to the memo of the present petition.

(3.) COUNSEL for the petitioner has also submitted that a criminal complaint has been filed against the petitioner regarding fabricated document, namely school matriculation certificate and a chargesheet has also been filed, and this criminal case is pending before the competent trial court. For this criminal complaint and charges, the petitioner was put under suspension with effect from 28th December, 2005. A notice was also given by the respondents dated 6th January, 2006, which is at Annexure8 to the memo of this present petition and the same is also under challenge.