KISHORI YADAV Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Seeking quashing of memo dated 26.04.2007 whereby the petitioner was directed to submit formal application for pension along with other documents, the instant writ petition has been filed.

(2.) Heard.

(3.) The petitioner, who claims that his correct date of birth is 05.06.1958, was appointed as Sepoy Cleaner on 010.1980. In the service records initially his date of birth was recorded as 05.06.1958, however, subsequently it was corrected to 01.09.1947. On that basis he was intimated his date of superannuation on 31.08.2007. The petitioner has pleaded that on account of enmity with senior officials who had been threatening him to ensure his superannuation from service on an early date, date of birth in his service record was changed from 05.06.1958 to 01.09.1947. In this regard the petitioner issued a legal notice on 07.02007 to the respondent Commandant, Home Guards. However, the petitioner has not disclosed any specific reason for the alleged animosity with his senior nor he has made that senior a party respondent in the present proceeding. Admittedly, even before he issued the legal notice, letter dated 204.2006 was issued to him, directing him to submit pension papers. Obviously, the legal notice dated 07.02007 was an afterthought. It appears that upon certain complaints received by the respondents, reports were obtained from Central Training Institute, Bihta and District Commandants of Ranchi, Chapra, Hazaribagh, Saharsa, Gaya and Rohtas and on the basis of the reports thus received, a decision was taken by the Inquiry Committee to validate date of birth of the candidates as recorded in the Training Register. After the aforesaid decision, objections were filed by different candidates which were rejected by the respondents. The petitioner, thus, cannot claim ignorance to the aforesaid decision taken by the respondent. In the service record the date of birth of the petitioner was accordingly corrected to 01.09.1947, which is the date recorded in the Training Register. The said correction has been done on 24.02.1997. The petitioner, however, only after letter dated 26.04.2007 was issued to him, approached this Court and raised a controversy in respect of his date of birth.