Hari Shankar Singh vs The State Of Bihar And Ors
2023 Latest Caselaw 5921 Patna

Patna High Court

Hari Shankar Singh vs The State Of Bihar And Ors on 8 December, 2023

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8852 of 2016
     ======================================================
     Hari Shankar Singh son of Late Raghuvir Singh Resident of Village-
     Bankatwa, P.S.- Nautan, District- West Champaran.

                                                         ... ... Petitioner/s
                                      Versus
1.   The State Of Bihar through the Principal Secretary, Water Resources
     Department, Sichai Bhawan, Patna
2.   The Chief Engineer, Balmiki Nagar, Water Resource Department, Kachhari
     Road, Motihari, District- East Champaran.
3.   The Executive Engineer, Irrigation Division, Motihari, district- East
     Champaran.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :    Mr.Umesh Chandra Verma, Advocate
                             :     Mrs. Rashmi Jha, Advocate
     For the State           :     Mr.Satya Vrat, A.C. to G.P.-10
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
     ORAL JUDGMENT
      Date : 08-12-2023
                 Heard learned counsel for the petitioner and learned

     counsel appearing for the State.

                     2. The present writ application has been filed for a

     direction to the respondents to retire the petitioner on the basis of

     date of birth entered as 09.11.1956 in the service book at the time

     of entry in service book and not treated the date of birth of birth of

     the petitioner as 09.11.1954 which is recorded in the Madhyama

     Certificate of the petitioner issued by the Sanskrit Shiksha Board.

     Further submits that the Board has recorded the wrong date of

     birth i.e. 09.11.1954 in place of 09.11.1956 as mentioned in the

     service book of the petitioner.
              Patna High Court CWJC No.8852 of 2016 dt.08-12-2023
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                                 3. Learned counsel for the State, on the other hand, on

                    the basis of material available on the record and referring the

                    counter affidavit, submits that the petitioner has stated before the

                    Authority stating therein that my date of retirement is calculated

                    on the basis of Madhyama Certificate which suggests that the date

                    of birth of the petitioner is 09.11.1954. It is settled principle that

                    the date of birth of any employee is calculated on the basis of the

                    certificate furnished by the employee. In the present case, it is

                    admitted position that the date of birth of the petitioner is recorded

                    in his Madhyama Certificate is 09.11.1954, so the respondent No.3

                    has rightly retired the petitioner from his service on the basis of

                    date of birth as mentioned in the Madhyama Certificate is

                    09.11.1954.

                                 4

. In view of the aforesaid, this writ application has no

merit and the same is dismissed.

(Rajesh Kumar Verma, J) Nitesh/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.12.2023
Transmission Date       08.12.2023