Patna High Court
Ramanand Raut vs The State Of Bihar on 21 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7608 of 2020
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Ramanand Raut Son of Late Shankar Raut Resident of Village-Mirjapur, P.S.-
Bettiah (Muffasil), District-West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Director General-Cum-Commandant General, Bihar Home Guard,
Bihar, Patna.
3. The Additional Commandant General, Bihar Home Guard, Bihar, Patna.
4. The Deputy Director General, Bihar Home Guard, Bihar, Patna.
5. The Commandant, Bihar Home Guard, Head Quarter, Bihar, Patna.
6. The Divisional Commandant, Bihar Home Guard, Bihar, Patna.
7. The District Commandant, Bihar HOme Guard, West Champaran Bettiah.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava
For the Respondent/s : Mr. Saroj Kr. Sharma, AC to AAG-3
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 21-02-2022
Heard learned counsel for the parties.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
"This writ petition is being filed
for issuance of a direction/order or an
appropriate writ directing the
Patna High Court CWJC No.7608 of 2020 dt.21-02-2022
respondents authorities nos. 2 and 7
to consider the representation of
petitioner which was given before the
Director General-cum-Commandant
General, Bihar Home Guard, Bihar
Patna in which petitioner was wrongly
removed from the service on
31.12.2019 after attaining age of 60
years but the petitioner was not
attaining his age of 60 years on
31.12.2019 because the age of
petitioner was mentioned in the office
register of Bihar Home Guard office,
Bettiah i.e., 07.11.1966 and according
to date of birth, the petitioner is to be
retired on 31.12.2025."
Despite giving sufficient time, the petitioner-
counsel could not apprise this Court what is the date of birth
entered in the service record. On the other hand, he is keep on
harping that date of birth is 07.11.1966 with reference to
matriculation certificate and ID card whereas petitioner has been
retired from service w.e.f. 31.12.2019 instead of 31st December,
Patna High Court CWJC No.7608 of 2020 dt.21-02-2022
2025. The petitioner has not questioned the validity of date of
birth entered in the service record. The petitioner has been
retired from service w.e.f. 31st December, 2019 with reference to
date of birth entered in the service record. In the light of these
facts and circumstances, the petitioner is not entitled to alter his
date of birth from the existing date of birth to that of 07.11.1966
after his retirement from service. Apex Court in the following
three decisions held that Courts/Tribunals must be very slow in
interfering with the correction of date of birth of an employee in
the service record. These decisions are as follows:
(i) Union of India & Another vs.
Shashank Goswami & Another reported in 2012
(11) SCC 307
(ii) Shreejith L. vs. Deputy Director
(Education) Kerala and Others reported in 2012
(7) SCC 248.
(iii) Dhalla Ram vs. Deputy Union of
India And Others reported in 1997 (11) SCC 201.
It is observed that at the fag end of service, an
employee is not entitled for correction of his or her date of birth.
In the light of these facts and circumstances, the petitioner has
not made a case.
Patna High Court CWJC No.7608 of 2020 dt.21-02-2022
Hence, writ petition stands dismissed on the ground
of delay and laches in seeking to rectify the date of birth in the
service record.
(P. B. Bajanthri, J)
Ankit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.02.2022
Transmission Date NA
