Petitioner sought writ direction to correct his date of birth to extend service by five years. Court held correction not permissible at service end, citing Supreme Court precedents. Petition dismissed on grounds of delay and laches.
Writ petition dismissed on grounds of delay and laches in seeking date of birth rectification.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7608 of 2020
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Ramanand Raut Son of Late Shankar Raut Resident of Village-Mirjapur, P.S.Bettiah (Muffasil), District-West Champaran
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava For the Respondent/s : Mr. Saroj Kr. Sharma, AC to AAG-3
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT
Date : 21-02-2022
Heard learned counsel for the parties.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
“This writ petition is being filed
for issuance of a direction/order or an
appropriate writ directing the
Patna High Court CWJC No.7608 of 2020 dt.21-02-2022
2/4
respondents authorities nos. 2 and 7 to consider the representation of petitioner which was given before the Director General-cum-Commandant General, Bihar Home Guard, Bihar Patna in which petitioner was wrongly removed from the service on 31.12.2019 after attaining age of 60 years but the petitioner was not attaining his age of 60 years on 31.12.2019 because the age of petitioner was mentioned in the office register of Bihar Home Guard office, Bettiah i.e., 07.11.1966 and according to date of birth, the petitioner is to be retired on 31.12.2025.”
Despite giving sufficient time, the petitioner-
counsel could not apprise this Court what is the date of birth entered in the service record. On the other hand, he is keep on harping that date of birth is 07.11.1966 with reference to matriculation certificate and ID card whereas petitioner has been retired from service w.e.f. 31.12.2019 instead of 31st December,
Patna High Court CWJC No.7608 of 2020 dt.21-02-2022 3/4
(i) Union of India & Another vs. Shashank Goswami & Another reported in 2012 (11) SCC 307
(ii) Shreejith L. vs. Deputy Director (Education) Kerala and Others reported in 2012 (7) SCC 248.
(iii) Dhalla Ram vs. Deputy Union of India And Others reported in 1997 (11) SCC 201.
It is observed that at the fag end of service, an employee is not entitled for correction of his or her date of birth. In the light of these facts and circumstances, the petitioner has not made a case.
Patna High Court CWJC No.7608 of 2020 dt.21-02-2022 4/4
Hence, writ petition stands dismissed on the ground
of delay and laches in seeking to rectify the date of birth in the
service record.
(P. B. Bajanthri, J)
Ankit/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 25.02.2022 |
| Transmission Date | NA |
3 issues framed by the court
Whether a retired employee is entitled to seek correction of date of birth in service record at the fag end of service.
Whether the petitioner can claim retirement benefits based on a date of birth contrary to the service record.
Whether the writ petition was dismissed due to delay and laches in seeking rectification.
Colour shows how this judgement treated each authority
Union of India vs. Shashank GoswamiReferred¶29
Union of India & Another vs. Shashank Goswami & Another reported in 2012 (11) SCC 307 · Who else cites this
Shreejith L. vs. Deputy Director (Education)Referred¶29
Shreejith L. vs. Deputy Director (Education) Kerala and Others reported in 2012 (7) SCC 248 · Who else cites this
Dhalla Ram vs. Deputy Union of IndiaReferred¶29
Dhalla Ram vs. Deputy Union of India And Others reported in 1997 (11) SCC 201 · Who else cites this
Ramanand Raut
State of Bihar
Director General-Cum-Commandant General, Bihar Home Guard
Additional Commandant General, Bihar Home Guard
Deputy Director General, Bihar Home Guard
Commandant, Bihar Home Guard
P. B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
