Shri. Eknath Ladku Londhe v. Education Officer, Education Dept. Jilha Parishad, Dist. Thane And ANR

KVM 1/2 27 - WP 4357 OF 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by KANCHAN VINOD MAYEKAR Date: 2021.08.24 17:07:34 +0530 KANCHAN VINOD MAYEKAR WRIT PETITION NO. 4357 OF 2021 Eknath Ladku Londhe ..... Petitioner

VERSUS

Education Officer, Education Department, Jilha Parishad, Dist. Thane & Ors.

..... Respondents Mr.Manoj M.Badgujar for the Petitioner.

Mr. A.A.Alaspurkar, A.G.P. for the State - Respondent no. 3. CORAM: R. D. DHANUKA AND A.K.MENON, JJ.

DATE : 23rd AUGUST, 2021 P.C:- By this petition filed under Article 226 of the Constitution of India, the petitioner seeks order and direction against the respondent no.1 to decide the application filed by the petitioner dated 20th January, 2021 before the petitioner attains the age of superannuation i.e. 1st June, 2021. The petitioner has made such application at the fag end of his employment. Learned counsel for the petitioner does not dispute that the petitioner has already retired by superannuation on 1st June, 2021.

2.

This Court in case of Sunanda Dnyaneshwar Maske vs. Zilla

KVM 2/2 27 - WP 4357 OF 2021.doc Parishad & Anr. 2019 SCC OnLine Bom 3031 has held that the application for change of date of birth is not maintainable at fag end of the service, specially, when the petitioner is retiring. Such application is required to be made as far as possible within a period of five years from the entry in the service.

3.

Admittedly the petitioner was appointed in the year 2011 and did not bother to apply for correction in the date of birth for last several years. The judgment of this Court in case of Sunanda Dnyaneshwar Maske (supra) applies to the facts of this case. 4.

The petition is thoroughly misconceived and is accordingly dismissed. No order as to costs.

[A.K.MENON, J.] [R. D. DHANUKA, J.]