Shambhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.464 of 2021 ====================================================== Shambhu Singh Son of Harivansh Narayan Singh, Resident of Atapur, Ward No. 11, P.S. Hasanpur, District - Samastipur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Home Government of Bihar, Patna. 3.

The Director General cum Commandant General, Home Guard, Bihar, Patna.

4.

The D.I.G. cum Deputy Commandant General, Home Guard, Bihar, Patna. 5.

The Commandant, Home Guard, Samastipur, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Singh, Advocate For the Respondent/s :

Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 13-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. In the instant petition, petitioner has prayed for the following reliefs:- "(i) To issue an appropriate writ, order or direction to the Respondent to make necessary correction in the service records of the petitioner with respect to the Date of birth of the petitioner from 01.01.1961 to 01.01.1963.

(ii) To issue further appropriate writ, order or direction commanding the Respondent Director General cum Commandant General, Home Guard/The Commandant, Home Guard, Samastipur

Patna High Court CWJC No.464 of 2021 dt.13-01-2022 2/3 that after making necessary correction of Date of Birth in the service records of the petitioner, allow the petitioner to work and retire on 31.12.2022 instead of 31.12.2020.

(iii) This Hon'ble Court may adjudicate and hold that the Respondents have no authority to make any change in arbitrary manner in the Date of Birth of the petitioner in his service records that too without any prior information/Notice or intimation.

(iv) This Hon'ble Court may adjudicate and hold that the action of the Respondent in making any change in arbitrary manner in the Date of Birth of the petitioner in his service records is an act of malafide and arbitrary exercise of the power/authority by the Respondents.

(v) This Hon'ble Court may award the cost of litigation and suitable compensation to the petitioner for the loss and damages caused on account of the illegal and arbitrary actions of the Respondent Authorities.

(vi) To grant any other relief or reliefs which the petitioner may be found entitled to in the facts and circumstances of the case."

Petitioner has joined service on 21.11.1984 and he has been retired on 31.12.2020. His grievance is that he is entitled to correct his date of birth from 01.01.1961 to 01.01.1963. The petitioner is not entitled for correction of date of birth at the fag end of his service. Hon'ble Apex Court in a number of cases held

Patna High Court CWJC No.464 of 2021 dt.13-01-2022 3/3 that correction of date of birth at the fag end of service is not permissible. For correction of date of birth, employee must get it corrected at the earliest point of time as and when he joined the service i.e. within a period of three years from the date of joining service.

In the light of these facts and circumstances, the petitioner is not entitled to correct his date of birth in service record at the fag end of service. Accordingly, the present petition stands dismissed.

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