Mr. P. N. Goswami, learned Standing Counsel, PHE Department, on the other hand, submits that the respondents had acted on the basis of the entry made in the Service Book with regard to the date of birth of the petitioner inasmuch as the same was accepted by the petitioner by appending his signature to the Service Book. He also submits that there is a bar provided by S.R.-8 note, which indicates that no change of date of birth can be permitted on a date within 3 (three) years from the date of retirement of the Government servant. Therefore, the respondents could not have acted contrary to the provisions of the S.R.-8 note and, therefore, the notice dated 19.03.2013 was issued to the petitioner. He also submits that the respondents had taken all possible steps to entertain the case of the petitioner for correcting his date of birth by going to the extent of constituting an Enquiry Committee to consider the case of the petitioner. However, the Enquiry Committee, which held its meeting on 07.04.2014, could not consider the case of the petitioner inasmuch as the Committee could not go beyond the entry made in the Service Book as well as the bar provided by S.R.-8 note. In that view of the matter, he submits that as the representation of the petitioner was made just a few days prior to his retirement, no relief can be granted to the petitioner and the writ petition should be dismissed.
