Poonam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4634 of 2021 ====================================================== Poonam Kumari D/o Sri Mahendra Ishwar, Resident of Village- Hare Rampur, P.o. and P.s.- Khodawanpur, District- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Labour Resources Department, Government of Bihar, Patna, Bihar 2.

The Principal Secretary, Labour Resources Department, Government of Bihar, Patna, Bihar 3.

The Labour Commissioner, Labour Resources Department, Government of Bihar, Patna, Bihar 4.

The Chief Inspector of Factory, Bihar, Patna 5.

Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, Bihar through the Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, Bihar 6.

The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, Bihar 7.

The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Respondent/s :

Mr. Raghwendra Kumar, SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 06-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. Heard learned counsel for respective parties. In the instant petition, petitioner has prayed for the following reliefs:- "For issuance of a writ of mandamus, and/or, any other appropriate writ/direction/order commanding the Respondents to amend the wrongly

Patna High Court CWJC No.4634 of 2021 dt.06-01-2022 2/2 entered/printed Date of Birth of the Petitioner in the records and make her eligible for retirement in accordance with her original and correct Date of Birth and/or any other relief or reliefs for which the Petitioner is found entitled to in the facts and circumstances of the case."

For correction of date of birth petitioner had opportunity at the earliest point of time as and when she has joined the service. She is aged about fifty four years as on the date of filing of present petition. At this belated stage she is not entitled to correct her date of birth in the service record. Hon'ble Apex Court time and again held that for correction of date of birth in the service record, it may be rectified at the earliest point of time and not at the fag end of the service.

In the light of decision laid down by the Hon'ble Apex Court in respect of correction of date of birth the petitioner is not entitled to correct her date of birth for the purpose of service record at the fag end of her service. Accordingly, the present writ petition stands dismissed.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA