BAIDYANATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE employee in Government service, relying upon the date of birth in the Matriculation Certificate has raised the claim that the Matriculation Certificate alone would be conclusive proof of his age in preference to his service register. In order to decide the above issue, this case has been referred to this Full Bench.

(2.) THE prayer in this writ petition by the petitioner, Baidyanath Singh, is for seeking for the quashing of the Memo dated 26.5.2004 of the SP(T), Special Branch informing the petitioner that his date of birth as per his Service Book is 1946 and so he is to retire on 30.6.2004 and to direct the respondents to correct the date of birth in the service book of the petitioner from 1946 to 6.6.1948. The case of the petitioner is as follows: (a) The petitioner passed the Matriculation in the year 1966. In the Matriculation Certificate, his date of birth has been mentioned as 6.6.1948. (b) He was appointed as Constable on 14.1.1969. (c) In the service book, the qualification has been recorded as matriculate. (d) When the petitioner was promoted in the rank of AS.I. in the year 1982 and when he was further promoted to the rank of S.I. in the year 1994, his qualification having matriculation certificate was considered. (e) The petitioner learnt that his date of birth in service book was wrongly recorded as 1946. Therefore, he filed a representation on 1.5.2004 before the S.P.(A), Special Branch requesting for correction of his date of birth in the service book as 6.6.1948 instead of 1946. (f) Even earlier, on 4.5.1982, when he came to know that wrong entry has been made in the service book, he sent a representation to correct the same on the basis of matriculation certificate. (g) In reply to the same, on 26.5.1982, the respondents sent a letter asking for certain queries. (h) On 30.5.1982, the petitioner filed explanation to queries, in reply of letter dated 26.5.1982. (i) So, on the basis of that, petitioner was under impression that his date of birth would have been corrected as per the Matriculation Certificate after filing his explanation on 30.5.1982. (J) Only, thereafter, he was granted promotion to the post of A.S.I, and thereafter to the post of S.I. (k) He came to know only in April 2004 that his date of birth in the Matriculation Certificate was not accepted, therefore, he sent a representation on 1.5.2004 requesting for correcting his date of birth. (1) However, on 26.5.2004, a memo has been issued by the SP (T), Special Branch, rejecting his request and intimating the petitioner that as his date of birth is recorded in service book as 1946, he is to retire on 30.6.2004. (m) Therefore, he filed this writ petition challenging the same.

(3.) WE have heard the counsel for the parties and considered their submissions.