RAMDHAN PATHAK Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has filed this writ petition for quashing Office Order vide Memo No. 929 dated 9.6.1998 (Annexure 5) issued by the Superintendent of Police, Deoghar (respondent No. 5) by which petitioner was informed that he is going to be superannuated with effect from 31.1.1999 on the basis of his date of birth being 15.1.1941 as recorded in the service book.

(2.) Learned Counsel for the petitioner contended as follows. From the Cross List of Matriculation Examination (Annexure 1) and the Middle School Pass Certificate (Annexure 2), it will appear that the date of birth of the petitioner is "2.7.1946". When he was appointed as Constable on 3.4.1964, he was 17 years 9 months 1 day old. His case is covered by the judgment dated 1.12.1998 passed in C.W.J.C. No. 4107 of 1997 Shiv Pukar Singh v. State of Bihar and Ors. The seniority list prepared by the department was never circulated and, therefore, petitioner did not know about the mistake in the service book regarding date of birth.

(3.) On the other hand, learned Counsel for the State with reference to the counter affidavit submitted as follows. Petitioner's date of birth recorded in his service book is 15.1.1941. On the basis of the said date of birth, a seniority list of Sub-Inspectors was prepared in the year 1989 wherein petitioner's name figured at Serial No. 1684 and his date of birth was shown as 15.1.1941 but the petitioner never protested to such date of birth, though the said seniority list was circulated for information to all concerned. Petitioner appeared in the Matriculation Examination in 1962 i.e. prior to his appointment. He could produce the Admit Card etc., issued by the Bihar School Examination Board, Patna in support of proof of his date of birth at the time of appointment in 1964. Even after he passed Matriculation Examination in 1968, he never tried to get the date of birth corrected, if it was wrongly recorded in his service book, but at the fag end of service, he claimed alteration of his date of birth which is not permissible in view of Rule 96 of the Bihar Financial Rules and Rule 1041(b) of the Bihar Police Manual under which no correction or alteration of date of birth can be allowed after ten years of entering into service. He further relied on the judgment dated 28.4.1997 (Annexure B) passed in C.W.J.C. No. 7243 of 1996 Awadh Behari Singh v. The State of Bihar and Ors.