NARAD PATHAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SEEKING rectification of the date of birth, the Writ Petition is filed by the appellant, who is working as a Constable. Learned Single Judge dismissed the Writ Petition mainly on the ground that the requisition for correction of the date of birth was made only 9 -10 months prior to the date of his retirement. This is the subject -matter under challenge in the appeal.

(2.) HEARD the counsel for the appellant and the counsel for the respondents.

(3.) SUPREME Court in the case of State of U.P. and Anr. v. Shiv Narain Upadhyaya held that the applicant shall approach the authority concerned for rectification of the date of birth within a reasonable time from the date of retirement. In this case, admittedly, the appellant has given requisition seeking rectification of his date of birth on 17.10.2001. It is not disputed that this application has been given by the appellant and the same was entertained by the authorities. Admittedly, no enquiry has been conducted and no order has been passed on the application given by the appellant. As a matter of fact, reading of the application/requisition dated 17.10.2001 would indicate that the appellants correct date of birth is 5.1.1948 and the same has been mentioned in the University Certificate, which was produced before the authority concerned at the time of joining on 12.6.1967. Though it is stated by the counsel for the respondents that the requisition for rectification of the date of birth must have been filed ten years prior to the date of his retirement, but no document "has been filed either before this Court or before the learned Single Judge, showing that such a rule has been there and that notification has been issued to that effect.