Chandrika Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1435 of 2021 ====================================================== Chandrika Prasad Son of Barahan Yadav Resident of village- Singarpur, P.s.- Chanan, District- Lakhisarai (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Home, Government of Bihar, Patna 2.

The Principal Secretary, Department of Home, Government of Bihar, Patna 3.

The Director General -cum- Commandant General, Bihar Home Guard, Bihar, Patna 4.

The Superintendent of Police, Lakhisarai 5.

The District Commandant, Home Guard, Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lalan Kumar, Advocate.

For the Respondent/s :

Mr. Manish Kumar, GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 24-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"I. In the nature of "Mandamus" directing and commanding the respondent authorities to amend the date of birth of the petitioner in departmental Roll/documents which has been reflected as 19 years at the time of recruitment giving date of birth as 12-011961 to 12-01-1966 in accordance with the matriculation certificate.

II. In the nature of mandamus directing and commanding the respondent authorities not to retire the petitioner before the age of superannuation as has

Patna High Court CWJC No.1435 of 2021 dt.24-01-2022 2/3 been conveyed orally that petitioner shall be retiring in the month of December, 2020.

III. For any other relief for which the petitioner is entitled in the fact and circumstances of the instant case."

3. Short question for consideration in the present petition whether petitioner is entitled to alter his date of birth from 12.01.1961 to that of 12.01.1966 with reference to matriculation certificate or not? Undisputed facts are that the petitioner joined service on 15.10.1980. For correction of date of birth in the service record, he had submitted representation for the first time on 05.10.2020. In the light of these facts and circumstances read with the Apex Court decision that an employee is not entitled to correct his date of birth in the service record at the fag end of his service. The petitioner has not apprised this Court as to how to overcome the delay and laches from the date of joining service i.e. 15.10.1980 and within a reasonable period of three years from the date of joining that he had made efforts to correct his date of birth by means of representation or application, therefore, the petitioner is not entitled to correct his date of birth at the fag end of his service.

4. Accordingly, writ petition stands dismissed.

5. At this juncture, learned counsel for the petitioner submitted that petitioner had no knowledge of date of birth entered in the service record. Petitioner being a Home Guard, he must be

Patna High Court CWJC No.1435 of 2021 dt.24-01-2022 3/3 aware of date of birth entered in the service record during the intervening period from 1990 to 1993 or further. In the light of these facts and circumstances, the contention of the petitioner's counsel that the petitioner was not aware of entry of date of birth in the service record cannot be appreciated.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 28.01.2022 Transmission Date