Janardan Prasad v. State of Bihar — 1993 DIGILAW 147 (PAT)

ORDER 1. Heard the parties. 2. This writ application has been filed for giving a direction to the respondent to correct the date of birth of the petitioner in the service record from 8.1.1985 to 8.11.1985. 3. The petitioner joined the service in the Health Department in the year, 1963 after following all procedures prescribed under the law and his name was recommended by the Bihar Public Service Commission for appointment. At the time of appointment the petitioner filed Matriculation Certificate. On the basis of the recommendation of the Commission the petitioner was appointed in the service of the Health Department in the year, 1963. After serving in the said department for a period of six months the petitioner joined Army Service during emergency and he served in Army for a period of seven years. Thereafter he again came back to the service of the Health Department and was promoted to the higher scale with effect from 1974 and he was granted Senior Selection Grade in the year, 1979. 4. It is said that though in the civil list published in the year, 1964 and 1969 his date of birth was mentioned as 8.1.1985, but the petitioner could not detect the said mistake as he was in Army Service at that time. The petitioner having learnt in the year, 1985 for the first time that his date of birth has incorrectly mentioned in the service record, filed representation before the concerned authority for correcting his date of birth from 8.1.1935 to 8.11.1935. 5. It appears that thereafter the petitioner was suspended. When a representation for correcting the date of birth of the petitioner was pending the order of suspension was withdrawn on the ground that the petitioner had retired on 31.1.1993. Subsequently, as stated by the learned counsel appearing on behalf of the petitioner, the representation filed by the petitioner for correcting the date of birth has been rejected. 6. Learned counsel appearing on behalf of the petitioner submitted that there is no material before the State Government to record his date of birth in the service record as 8.1.1935. It has been submitted that the date of birth has been recorded incorrectly due to inadvertence, as the only material furnished by the petitioner before the State Government at the time of his appointment was the Matriculation certificate. It has been submitted that the date of birth has been recorded incorrectly due to inadvertence, as the only material furnished by the petitioner before the State Government at the time of his appointment was the Matriculation certificate. Learned counsel appearing on behalf of the State could not point out that there was any material before the State Government for recording his date of birth in the service record as 8.1.1935. In view of this, in our view the State Government was not justified in rejecting the representation of the petitioner for correcting his date of birth in the service record. 7. Accordingly, we allow this writ application and direct the respondents to correct the date of birth of the petitioner in the service record from 8.1.1935 to 8.11.1935. 8. In view of the aforesaid direction it is needless is say that the petitioner shall be deemed to have been in service till the date of his superannuation, which will be on 30.11.1993. Since the petitioner's order of suspension was vacated on the ground that he has already retired we may however, observe that it will be open to the State Government to pass a fresh order of suspension, if it so likes. 9. With the aforesaid direction this writ application is disposed of.