Baldev Prasad S/o Late Mallu Mahto v. The State Of Bihar
2010-08-31
NAVANITI PRASAD SINGH
body2010
DigiLaw.ai
JUDGEMENT Navaniti Prasad Singh, J. 1. The petitioner was appointed as Field Worker in Filaria Control Unit, Patna on 18.8.1969. It is not in dispute that as per service book, that was opened, his date of birth was recorded as 1.1.1941 and as such he was to retire on 1.1.1999 in regular course. It appears that in the year 1996, several employees including the petitioner were asked to undergo age verification by Medical Board. Petitioners case is that on 14.9.1996, the Medical Board assessed his age to be 51-52 years and on basis of this the petitioner states that he should be treated as 51 years on that date. Thus, his date of birth should be taken to be 1.1.1945 instead of 1.1.1941 and taking this new date, he would be superannuated on 1.1.2003 and not on 1.1.1999. After the writ petition was filed, a prayer was made for interim relief to permit the petitioner to continue in service, which was refused twice. Thus, the petitioner it is assumed stood superannuated with effect from 1.1.1999 that is a decade back. 2. The writ petition is for change of date of birth in the service book. 3. Having heard the parties and considered the materials on record, it is evident that in the service book there is an entry of date of birth as 1.1.1941 from the very beginning. Two and a half decade after the service book was made and two years before the date of superannuation, petitioner wants his date of birth to be altered. He does not come with an explanation that why and how his date of birth recorded in the service book initially was wrong. He merely relies on Medical Report and submits that necessary correction should be made on basis of Medical Report, which report itself has been obtained after more than 25 years of service. 4. In my view, at this fag end of his career, he cannot have his date of birth changed. 5. Thus, the writ petition merits no consideration and is dismissed accordingly.