Ashok Kumar Sankar v. The Incharge, Comptrollers Deprtment, Uttar Banga Krishi Vishwa Vidyalaya And ORS.

D/L 25 28.04.2025 Court No.02 PRADIP CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE WPA 744 of 2025 Ashok Kumar Sarkar Vs.

The In-Charge, Comptroller's Department, Uttar Banga Krishi Vishwa Vidyalaya & Ors.

Mr. Arup Ratan Choudhury ... for the Petitioner.

Mr. Amales Ray, Sr. Adv.

Mr. Nigam Mittal Ms. Prerna Mitra ...for the Respondent no.3.

1. The petitioner seeks correction of date of birth after the notice of superannuation has been issued to him.

2. It is settled law that the date of birth cannot be corrected or changed either at the fag end of the service career or after superannuation or notice of superannuation is served upon the employee.

3. Learned advocate representing the employer has placed on record the application for pension filed by the petitioner which clearly mentions that his date of birth is 1st July, 1964. The said document is endorsed by the employee himself.

4. In the instant case it appears that, the notice of superannuation was issued on 21st February, 2024 and the petitioner retired from service on 30th June, 2024.

5. After the employee himself declares his date of birth as 1st July, 1964, there is no scope for directing the authority to change the same after the employee has superannuated from service.

6. The writ petition fails and is hereby dismissed.

7. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)